Sanchiya Mohan vs Ramaswamy Prem on 20 April, 2026

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    Sanchiya Mohan vs Ramaswamy Prem on 20 April, 2026

                                                               1
    
                                            IN THE SUPREME COURT OF INDIA
    
                                              CIVIL ORIGINAL JURISDICTION
    
    
                                  TRANSFER PETITION(S)(CIVIL)          NO(S).    3157/2025
    
    
                             SANCHIYA MOHAN                                      PETITIONER(S)
    
                                                           VERSUS
    
                             RAMASWAMY PREM                                       RESPONDENT(S)
    
    
    
                                                         O R D E R
    

    1. We are informed by the learned counsel for the parties

    that pursuant to the Mediation, parties have amicably resolved

    SPONSORED

    their disputes by agreeing to part ways.

    2. The petitioner-wife appeared in-person and respondent-

    husband appeared through video conferencing today in Court.

    3. The Settlement Agreement dated 08.04.2026 annexed to the

    IA No.119493/2026 under Article 142 of the Constitution of

    India is in the following terms:-

    “AND WHEREAS following extensive discussions and
    deliberations, the Parties have entered into a final
    settlement on the following terms and conditions:

    1. The Parties have agreed that the marriage
    between them has irretrievably broken down due to
    Signature Not Verified
    irreconcilable differences and that it shall not
    Digitally signed by
    NIRMALA NEGI
    Date: 2026.04.23
    17:30:16 IST be possible for them to stay together as husband
    Reason:

    and wife. The Parties confirm that they have been
    living separately since September 2024. The
    Parties have therefore agreed that they shall part
    2

    their ways amicably by seeking a decree of divorce
    by mutual consent on the terms and conditions
    mentioned in the present Settlement Deed and shall
    cooperate with each other in that regard.

    2. It is agreed between the Parties that the
    Respondent-husband shall pay to the Petitioner-

    wife a total sum of Rs. 43,00,000/- (Rupees Forty-
    three Lakhs Only) (“the Settlement Amount”)
    towards full and final settlement of all claims –
    past, present and/or future, including but not
    limited to alimony, maintenance, stridhan and/ or
    any other claim of whatsoever nature that may have
    arisen from the marriage between them. The
    Respondent-husband shall also return the articles
    including jewels gifted to him at the time of
    marriage, as set out in Enclosure – A to this
    Settlement Deed. It is also agreed between the
    Parties that the Petitioner – wife would retain
    all her stridhan including all gold and other
    Jewellery given to her at the time of marriage.

    3. The Respondent-husband undertakes to return
    to the Petitioner-wife all her personal
    belongings, articles, clothes and other items as
    detailed in Enclosure – A to this Settlement Deed.
    The personal articles, except jewellery items
    mentioned at serial no.1 in Enclosure-A, shall be
    sent to the Petitioner-wife at her hometown at No.
    205A, TVK Nagar, Ettupettai Comment, Puthur,
    Trichy, Tamil Nadu – 620017, within a period of
    two weeks from the date of execution of the
    present Settlement Deed, at the cost and expense
    of the Respondent-husband. The Petitioner-wife
    shall provide written acknowledgment of receipt of
    the said articles. Upon receipt of the articles
    mentioned in Enclosure – A and the Settlement
    3

    Amount, the Petitioner-wife shall not raise any
    further claim against the Respondent-husband and/
    or any of his relatives, on any account
    whatsoever.

    4. Further, the Respondent-husband shall sign an
    application form, at the time of execution of the
    Settlement Deed, which will be sent in advance by
    the Petitioner-wife through her Counsel to the
    Respondent-husband through his Counsel, for the
    purpose of removing his name as a secondary
    account holder from the joint locker containing
    the Petitioner-wife’s Stridhan (Jewellery and
    other valuables) located at HDFC Bank, Thillai
    Nagar, Branch, Trichy.

    5. The Parties agree that the dissolution of the
    marriage is by mutual consent, without going into
    any allegations or counter-allegations, and is not
    attributable to any fault, misconduct, or
    wrongdoing on the part of either party, and the
    present Settlement Deed is entered into without
    admission of any liability or fault by either
    party.

    6. The Parties agree that they shall not make,
    publish, communicate, or cause to be communicated
    any false, misleading, or defamatory statements
    regarding each other to any third party, including
    but not limited to friends, relatives, colleagues,
    social circles, or on any public or private
    platform including social media.

    7. In the event that either party makes or
    circulates any statement that harms the
    reputation, dignity, or character of the other,
    the same shall amount to a gross violation and
    breach of this Settlement Deed and the decree
    passed by the Hon’ble Supreme Court, and the
    4

    aggrieved party shall be at liberty to initiate
    appropriate civil and/or criminal proceedings in
    accordance with law and seek remedies available
    under applicable law.

    8. The Parties further agree to maintain mutual
    respect and refrain from making allegations or
    statements that may damage the reputation,
    standing, or personal dignity of each other after
    the execution of this Settlement Deed.

    9. The aforesaid amount of Rs. 43,00,000/- shall be
    paid by way of Demand Draft in favour of the
    Petitioner-wife, and the said amount along with the
    jewellery as mentioned in Clause 2 above shall be
    handed over upon and at the time of granting of the
    decree of divorce being granted by the Hon’ble
    Supreme Court and upon unconditional withdrawal and
    quashing of the Criminal Complaint filed by the
    Petitioner-wife.

    10. In view of the aforesaid, the Petitioner-wife
    shall file an application under Article 142 of the
    Constitution of India read with Section 13B of Hindu
    Marriage Act, 1955 and the Parties shall jointly
    request the Hon’ble Supreme Court to:

    a) accept the present Settlement Deed and
    to dissolve their marriage by mutual consent
    and grant divorce in exercise of its
    jurisdiction under Article 142 of the
    Constitution of India;

    b) quash the Criminal Complaint; and

    c) dispose of the captioned Transfer
    Petition.

    11. In the event that the Hon’ble Supreme Court
    relegate the Parties to the Court of competent
    5

    jurisdiction for obtaining decree of divorce, then
    the Parties agree that they shall, within 15 days,
    move appropriate petition under Section 13 B (1) and
    (2) of the Hindu Marriage Act, 1955 jointly before
    the Court where the Divorce Petition is pending, for
    seeking such divorce by mutual consent, where they
    shall appear on the dates fixed by the said Court,
    if so required. The expenses of filing the first and
    second motion respectively shall be borne by both
    Parties equally. The Parties also agree and
    undertake that they shall file a joint application
    seeking waiver/dispensation of the six months’
    period prescribed in sub-section (2) of Section 13B
    of the Hindu Marriage Act, 1955. In such an event,
    the payment of the Settlement Amount and handing
    over of the jewellery articles shall be done upon
    and at the time of grant of the decree of divorce by
    the said Court.

    12. Upon the grant of divorce between the Parties,
    the Divorce Petition will become infructuous and
    will be withdrawn by the Respondent-husband.

    13. It is also agreed between the Parties that upon
    the execution and implementation of the present
    Settlement Deed, the Petitioner-wife shall not claim
    any further amount towards past, present or future
    maintenance, compensation, alimony, stridhan,
    inheritance, transfer of immovable and movable
    properties, marriage expenses, medical expenses,
    jewellery, expenditure or any other amount, from the
    Respondent-husband and/or his family members.
    Further, the Respondent-husband will also not claim
    any movable properties, amount, gifts from the
    Petitioner-wife.

    14. The Parties expressly agree that they shall not
    initiate any future claims or actions, whether civil
    6

    or criminal, in relation to the issues arising out
    of the matrimonial dispute against each other upon
    fulfilment of their respective obligations under the
    present Settlement Deed.

    15. Upon signing the present Settlement Deed, the
    Petitioner-wife and Respondent-husband shall not
    interfere in the lives of each other in any manner
    including personal, oral, written, electronic or
    telephonic contact and also will not make any
    allegation against each other and/or their
    respective family members. All allegations made by
    the Parties against each other or against the family
    members/relatives of either party shall stand
    withdrawn unequivocally upon the signing of the
    present Settlement Deed.

    16. The present Settlement Deed is effective and
    enforceable from the date of its execution and upon
    acceptance by the Hon’ble Supreme Court and shall
    remain effective and binding and form part of the
    decree of divorce by mutual consent.

    17. It is agreed between the Parties that they will
    strictly adhere to the terms and conditions of this
    Settlement Deed and will do all acts necessary for
    the expeditious compliance of the same and shall
    cooperate with each other and do all acts and sign
    all the relevant documents required for the purposes
    of obtaining divorce by mutual consent and
    expeditious disposal of cases.

    18. The Parties agree and undertake to abide by the
    present Settlement Deed.

    19. The Parties further agree that upon the
    execution and acceptance of the present Settlement
    Deed, if the Hon’ble Supreme Court does not
    quash/dispose of the cases, both Parties shall file
    appropriate applications for unconditional
    7

    withdrawal/quashing of the cases filed by them
    against each other within fifteen (15) days from the
    date of acceptance of the Settlement Deed. It is
    specifically agreed between the Parties that they
    shall also unconditionally withdraw any other
    litigation which may have been instituted by them
    and which may not be mentioned in the present
    Settlement Deed and which may not be known to either
    party and that all such proceedings shall also stand
    withdrawn upon signing of the present Settlement
    Deed.

    20. It is specifically agreed between the Parties
    that in case the terms and conditions as stipulated
    in the present Settlement Deed are not complied with
    by either of the Parties within the time stipulated
    in the present Settlement Deed and/or within 30 days
    from the notice of such breach as stipulated herein,
    the aggrieved party shall be entitled to revive the
    respective cases instituted by him/her.

    21. This Deed shall be executed in two counterparts
    but shall not become effective until each party has
    executed and exchanged the executed counterpart.
    Each counterpart shall constitute an original of
    this Deed, but the counterparts together shall
    constitute one and the same document.

    22. Both the Parties have entered into this
    Settlement Deed, without any force, undue influence
    or coercion from any quarter, and both the Parties
    shall be estopped in law to assail the validity of
    any clause/term of the Settlement on the ground of
    the same being void or unlawful. The Settlement Deed
    shall be executed by the Parties either by affixing
    their physical signatures or through attestation of
    digital signatures, copies thereof shall be
    exchanged between the Parties through their
    8

    respective Counsel on Record before the Hon’ble
    Supreme Court.”

    4. Today, in Court Mr. Sandeep Grover, learned counsel for

    the respondent has handed over a demand draft dated

    16.04.2026 drawn on HDFC Bank for a sum of Rs.43,00,000/-

    (Rupees Forty Three Lakhs) towards full and final settlement

    of all claims of petitioner-wife. Mr. M. Yogesh Kanna,

    learned counsel for the petitioner and the petitioner-

    Sanchiya Mohan have duly received the said amount. Three

    items of jewellery have also been handed over to the

    petitioner-wife. Parties are fully satisfied that the

    settlement terms have been implemented.

    5. In view of the settlement, CSR No.322/2025 pending with

    Government Hospital Police Station Trichy City, Tamil Nadu

    shall not be proceeded and shall stand quashed.

    6. In view of the order passed by this Court today, Divorce

    Petition being Marriage Petition No.145/2025 pending before

    the Civil Court Nagpur, Maharashtra shall stand closed.

    7. In such circumstances, referred to above, we allow IA

    No.119493/2026 and dissolve the marriage between the parties

    in exercise of our jurisdiction under Article 142 of the

    Constitution of India.

    8. Parties undertake to duly abide by the other settlement

    terms.

    9. The Transfer Petition shall stand disposed of

    accordingly.

    9

    10. Pending application(s), if any, shall also stand disposed

    of.

    ……………………………………………………………………….J.
    [K.V. VISWANATHAN]

    ……………………………………………………………………J.
    [MANMOHAN]
    NEW DELHI;

    APRIL 20, 2026.

                                      10
    
    ITEM NO.36                 COURT NO.16                 SECTION XVI-A
    
                     S U P R E M E C O U R T O F      I N D I A
                             RECORD OF PROCEEDINGS
    
    Transfer Petition(S)(Civil)    No(S).    3157/2025
    
    Sanchiya Mohan                                         Petitioner(S)
    
                                      Versus
    
    Ramaswamy Prem                                         Respondent(S)
    
    

    IA No. 289353/2025 – EX-PARTE STAY, IA No.119493/2026-APPN.U/A 142
    OF CONSTITUTION

    Date : 20-04-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE K.V. VISWANATHAN
    HON’BLE MR. JUSTICE MANMOHAN

    For Petitioner(s) Mr. M. Yogesh Kanna, Adv.

    Mr. Raghunatha Sethupathy B, AOR
    Mr. S. Sabari Bala Pandian, Adv.
    Mr. Nayan Nischal, Adv.

    For Respondent(s) Mr. Sandeep Grover, Adv.

    Mr. Aditya Nayyar, Adv.

    Mr. Ishwer Upneja, Adv.

    Ms. Tanvi Dubey, AOR
    Mr. Yash Dubey, Adv.

    Mr. Mekala Ganesh Kumar Reddy, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. IA No.119493/2026 is allowed and the transfer petition is

    disposed of in terms of the signed order, which is placed on

    the file.

    2. Pending application(s), if any, shall also stand disposed

    of.

    (NIRMALA NEGI)                                      (MANOJ KUMAR)
    ASTT. REGISTRAR-cum-PS                            COURT MASTER (NSH)
    



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