Supreme Court – Daily Orders
Damini Sharma vs Divyanshu Saraswat on 21 May, 2026
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1483 OF 2025
DAMINI SHARMA PETITIONER(S)
VERSUS
DIVYANSHU SARASWAT RESPONDENT(S)
O R D E R
1. The petitioner-wife has filed the transfer petition under
Section 25 of the Code of Civil Procedure, 1908 before this
Court seeking transfer of case bearing Family Main Case No. 19
of 2025 titled as “Divyanshu Saraswat s/o Shri Nemichandra
Saraswat vs Damini Sharma W/o Shri Divyanshu Saraswat” filed
under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955
pending before the Court of Additional District and Sessions
Judge No. 1, Nagaur, Rajasthan to the Family Court, Gwalior
Madhya Pradesh.
2. During the pendency of aforesaid transfer petition, vide
order dated 14.11.2025 the parties were referred to the Supreme
Court Mediation Centre. By virtue of the mediation, the parties
Signature Not Verified
have arrived at a settlement and they have decided to part ways
Digitally signed by
KAPIL TANDON
Date: 2026.05.25
18:17:46 IST
on certain terms and conditions which are delineated in the
Reason:
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settlement agreement dated 13.02.2026 which has been signed by
both the parties, uncle of the petitioner, father and mother of
the respondent, maternal uncle of the Respondent, counsel for
the parties, the Co-Mediator and the Mediator, copy of which has
been filed by the Supreme Court Mediation Centre.
3. Learned counsel for the parties has also filed a joint
application being IA No. 125402 of 2026 with the following
prayers:
“A) this Hon’ble Court pleased to allow this
application and grant the decree of divorce between
the parties under Article 142 of the Constitution of
India in term of the consent terms dated 13.02.2026;
andB) Pass and order to quash all the cases mentioned
in para 8 of the present application and para 3 of
the agreement dated 13.02.2026 (Annexure A-1) and
the said agreement may be made as part of the
present proceedings andC) Pass any other order or directions as this
Hon’ble Court deems fit and proper.”
4. We have taken the Joint Application and Settlement
Agreement dated 13.02.2026 on record.
5. The terms and conditions and the relevant paragraphs as set
out in Settlement Agreement dated 13.02.2026 are as under:
“A. That the parties have agreed that the
Respondent-husband will pay to the Petitioner-wife
a total sum of Rs. 28,50,000/- (Rupees Twenty Eight
Lakhs and Fifty Thousand Only) towards full and
final settlement of all her claims towards her
permanent alimony, Stridhan, maintenance (past,
present, future) and any other claim whatsoever.
B. It is agreed between the parties that they will
move an application jointly before the Hon’ble
Supreme Court under Article 142 of Constitution of
India within 7 days of payment of last instalment
of Rs. 18,50,000/- (Rs. Eighteen Lakhs and Fifty2
Thousand Only), for invoking inherent powers of the
Hon’ble Supreme Court praying for divorce by mutual
consent, as parties are staying separately since
24.12.2022 i.e. for the last more than three years
and there is irretrievable break down of the
marriage.
C. It is further agreed between the signatories of
this agreement that at the time of hearing of the
Application Under Article 142 of the Constitution
of India, they will pray to the Hon’ble Court to
quash/withdraw / dispose off the matters mentioned
hereinabove in Paragraph No.3 of these terms.
D. The Respondent/husband will pay amount of Rs.
28,50,000/-(Rupees Twenty Eight Lakhs and Fifty
Thousand Only) in 2 installments as under:-
I. The Respondent/Husband shall pay first
installment an amount of Rs. 10,00,000/- (Rupees
Ten Lakhs only) in favour of the Petitioner/ wife
by way of RTGS/ Online Payment on or before 20th
February 2026.
II. The Respondent/Husband shall pay the second
installment of an amount of Rs. 18,50,000/- (Rupees
Eighteen Lakhs and Fifty Thousand only) in favour
of the Petitioner/ wife by way of RTGS/ Online
Payment, on or before 20th March 2026.
III. The Respondent/husband will pay to the
Petitioner/Wife the aforesaid amounts via
RTGS/NEFT/Online Transfer in the account holder
name Damini Sharma, Bearing A/c No.
377201000001464, IFSC-IOBA0003772, Indian Overseas
Bank, Branch Deendayal Nagar, Gwalior-Madhya
Pradesh.
E. The Respondent/Husband shall return the
following Articles to Petitioner/wife on or before
the second/final instalment in New Delhi, after due
intimation of the time and place, as mentioned
below:-
S.No. Particulars Quantity 1 Gold Set 1 2 Nose Ring with Chain 1 3 Anklets 1 4 Toe Ring 4 5 Gold Chain 1 6 Diamond Ring 1 3 7 Dinner Set 1 8 Silver Plates 1 9 Silver Bowl Set 1 10 Utensils Given at Darwaja Rasam 11 Lehangas 2 12 Sarees 15 13 Jewellery Box 1 14 Wedding Pen Drive 1
6.That both the parties undertake that they will
not share any kind photos (sic) or videos of each
other, on any social media or any other platform.
7. That the Petitioner and the Respondent have
agreed that none of them will initiate any other
legal action or complaint against each other or
against the family members of each other in respect
of their matrimonial dispute in future.
8. That subject to the aforesaid terms, the parties
have resolved all the disputes amicably in relation
to the marriage and have been left with no claims
against each other or their respective family
members.
9. That by signing this Agreement the parties
hereto solemnly state and affirm that they have no
further claims or demands against each other
including maintenance, or any movable or immovable
property and all the disputes and differences have
been amicably settled by the parties hereto through
the process of mediation.
10. The parties undertake to abide by the terms and
conditions set out in the above mentioned
Settlement Agreement, which have been arrived with
free will of the parties without any coercion,
duress or collusion and parties undertake not to
raise any dispute whatsoever henceforth.
11. The contents of this settlement – agreement
have been explained to all the parties through
their respective counsels and they have understood
the same.”
6. It is also stated in the Joint Application that the
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following cases are pending between the parties:
“A. MJCR No. 536 of 2023 filed by the
Petitioner/wife tilted as ” Damini Sharma v/s
Divyanshu Saraswat” pending before the Additional
Principal Judge, Family Court, Gwalior- Madhya
Pradesh, u/s 125 CrPC.
Β. ΗΜΑ No. 19 of 2024 filed by the Petitioner/wife
tilted as ” Damini Sharma v/s Divyanshu Saraswat”
pending before Additional Principle Judge, Family
Court, Gwalior-Madhya Pradesh, Under Section 9 of
HMA
C. MJCR No. 3581 of 2023 filed by the
Petitioner/wife tilted as ” Damini Sharma v/s
Divyanshu Saraswat” pending before learned Judicial
Magistrate, First Class, Gwalior-Madhya Pradesh,
under Section 12 of DV Act.
D. FIR No. 88/2023, lodged by the Petitioner/wife,
which is registered after filing of Chargesheet as
Complaint. No. 461/2024 ST titled as ” State of MP
through PS Mahila Thana v/s Sunita Saraswat”,
pending before Session Court, Gwalior-Madhya
Pradesh.
E. CRR No. 5799 of 2025 filed by the
Respondent/Husband titled as “Divyanshu Saraswat
v/s State of MP” pending before Hon’ble High Court
of Judicature at Madhya Pradesh, bench at Gwalior;
F. CRR No. 5798 of 2025 filed by the Respondent’s
maternal uncle (Mr. Vishal Saraswat) titled as
“Vishal Saraswat v/s State of MP” pending before
Hon’ble High Court of Judicature at Madhya Pradesh,
bench at Gwalior;
G. CRR No. 5797 of 2025 filed by the Respondent’s
parents titled as Nemichand Saraswat & Anr. v/s
State of M.P.” pending before Hon’ble High Court of
Judicature at Madhya Pradesh, bench at Gwalior.
H. Divorce Petition Family Main Case no: 19 of
2025, titled as “Divyanshu Saraswat Vs Damini
Sharma” filed by the Respondent/ husband pending
before the Additional District and Sessions Judge
No. 1, Nagaur- Rajasthan;
I. DV Case No. 266 of 2025 filed by the
Respondent’s mother titled as “Sunita Saraswat v/s
Damini Sharma” pending before CJM Nagaur,
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Rajasthan,
J. DV Case No. 267 of 2025 filed by the
Respondent’s mother titled “Sunita Saraswat v/s
Damini Sharma” as pending before CJM Nagaur,
Rajasthan.”
7. Having considered the matter in detail and having perused
the Settlement Agreement, we are of the view that this is a fit
case for exercising power under Article 142 of the Constitution
of India to dissolve the marriage between the parties.
Consequently, the marriage between the parties which was
solemnized on 05.02.2022 at (Sanskrutik Garden) City Centre
Gwalior stands dissolved by a decree of divorce by mutual
consent.
8. In view of the above, we direct that;
A. MJCR No. 536 of 2023 filed by the Petitioner/wife tilted as
” Damini Sharma v/s Divyanshu Saraswat” pending before the
Additional Principal Judge, Family Court, Gwalior- Madhya
Pradesh, u/s 125 CrPC. stands quashed;
Β. ΗΜΑ No. 19 of 2024 filed by the Petitioner/wife tilted as ”
Damini Sharma v/s Divyanshu Saraswat” pending before Additional
Principle Judge, Family Court, Gwalior-Madhya Pradesh, Under
Section 9 of HMA stands disposed of in terms of our order
recording the consent terms;
C. MJCR No. 3581 of 2023 filed by the Petitioner/wife tilted as
” Damini Sharma v/s Divyanshu Saraswat” pending before learned
Judicial Magistrate, First Class, Gwalior-Madhya Pradesh, under
Section 12 of DV Act stands quashed;
D. FIR No. 88/2023, lodged by the Petitioner/wife, which is
registered after filing of Chargesheet as Complaint. No.
461/2024 ST titled as ” State of MP through PS Mahila Thana v/s
Sunita Saraswat”, pending before Session Court, Gwalior-Madhya
Pradesh stands quashed;
E. CRR No. 5799 of 2025 filed by the Respondent/Husband titled
as “Divyanshu Saraswat v/s State of MP” pending before Hon’ble
High Court of Judicature at Madhya Pradesh, bench at Gwalior
stands quashed/disposed of;
F. CRR No. 5798 of 2025 filed by the Respondent’s maternal uncle
(Mr. Vishal Saraswat) titled as “Vishal Saraswat v/s State of6
MP” pending before Hon’ble High Court of Judicature at Madhya
Pradesh, bench at Gwalior stands quashed/disposed of;
G. CRR No. 5797 of 2025 filed the Respondent’s parents titled as
Nemichand Saraswat & Anr. v/s State of M.P.” pending before
Hon’ble High Court of Judicature at Madhya Pradesh, bench at
Gwalior stands quashed/disposed of.
H. Divorce Petition Family Main Case no: 19 of 2025, titled as
“Divyanshu Saraswat Vs Damini Sharma” filed by the Respondent/
husband pending before the Additional District and Sessions
Judge No. 1, Nagaur- Rajasthan stands disposed of in terms of
our order recording the consent terms;
I. DV Case No. 266 of 2025 filed by the Respondent’s mother
titled as “Sunita Saraswat v/s Damini Sharma” pending before CJM
Nagaur, Rajasthan stands quashed;
J. DV Case No. 267 of 2025 filed by the Respondent’s mother
titled “Sunita Saraswat v/s Damini Sharma” as pending before CJM
Nagaur, Rajasthan stands quashed.
9. Copy of this order shall be sent to the respective Courts
as mentioned in paragraph nos. 8(A) to (J) for follow up action.
10. In view of the above, Transfer Petition and Joint
Application being IA No. 125402/2026 are disposed of. The
Registry will draw a decree in the aforesaid terms.
11. It is further directed that the parties shall abide by the
terms of this settlement implicitly.
12. Pending applications(s), if any, are disposed of.
…………………………………………………………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………………………………………………………J.
[ALOK ARADHE]
NEW DELHI;
MAY 21, 2026
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ITEM NO.2 COURT NO.6 SECTION XV
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). 1483/2025
DAMINI SHARMA Petitioner(s)
VERSUS
DIVYANSHU SARASWAT Respondent(s)
SETTLEMENT AGREEMENT HAS BEEN RECEIVED.
IA No. 125402/2026 – APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W
SEC 13B OF H.M.A.
IA No. 129265/2025 – EXEMPTION FROM FILING O.T.
IA No. 129264/2025 – STAY APPLICATION
Date : 21-05-2026 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE ALOK ARADHE
For Petitioner(s) :Mr. Kunal Cheema, AOR
Mr. Shubham Chandankhede, Adv.
For Respondent(s) :Mr. H. D. Thanvi, Adv.
Mr. Nikhil Kumar Singh, Adv.
Mr. Kshitish Bikarmia, Adv.
Mr. Rishi Matoliya, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition and Joint Application being IA No.
125402/2026 are disposed of in terms of Signed Order.
2. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON)
COURT MASTER (SH) ASSTT. REGISTRAR(NSH)
(Signed Order is placed on the file)
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