Supreme Court – Daily Orders
Abha Mathur vs Prashant Mathur on 20 May, 2026
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.3263/2024
ABHA MATHUR PETITIONER
VERSUS
PRASHANT MATHUR RESPONDENT
O R D E R
1. Though this petition for transfer has been filed seeking
transfer of Case No.1226/2024 pending on the file of Family Court,
Gautam Buddh Nagar, Noida, Uttar Pradesh to the Family Court,
Bengaluru, Karnataka., the parties were referred to the Supreme
Court Mediation Centre for exploring the settlement if any.
2. A report has since been received from the Mediation Centre
enclosing the settlement agreement whereunder the parties have
settled their dispute. Hence, IA No.130152/2026 has also been filed
jointly by the parties seeking for dissolution of the marriage
under Article 142 of the Constitution of India under Section 13-B
of the Hindu Marriage Act, 1955 and have sought for grant of decree
of divorce by mutual consent.
3. A perusal of the settlement agreement would indicate that the
Signature Not Verified
Digitally signed by
NEHA GUPTA
Date: 2026.05.26
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17:26:51 IST
Reason:
marriage between the parties came to be solemnized on 21.11.1996
and a son is born out of the said marriage. On account of
irreconcilable differences of opinion having arisen between the
parties resulted in dispute between them and ultimately, it had
resulted in the respondent – husband filing a petition in Case
No.1226/2024 under Section 13(1)(ia)(ib) of the Act for divorce.
The parties as noted hereinabove has entered into a settlement
whereunder the terms agreed to between the parties are as under:
“1.Both the parties hereto confirm and declare that they
have, voluntarily and of their own free will decided not
to live together as husband and wife and have arrived at
this Settlement in the presence of the Mediator Both the
parties have decided to part ways by divorce through
mutual consent, for which the parties through their
Advocates shall file appropriate application(s) before the
next date of hearing in the aforesaid matter pending
adjudication before the Hon’ble Supreme Court.
2. The Second party shall pay an amount of Rs. 80,00,000
(Rupees EIGHTY Lakhs only) to the First Party in her name
“ABHA MATHUR” by way of D/D/RTGS/ NEFT to her Account
bearing number 921010003126164 at Axis Bank, (IFSC Code.
UTIB0003429), as full and final settlement on account of
her Stridhan, Maintenance, Alimony for past, present and
future for her. The said amount would be transferred by
the Second Party to the First Party as mentioned
hereinbelow.
a. The first installment of Rs. 5,00,000 (Rupees Five
Lakhs) is being paid today i.e., on 06.10.2025 by way of
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D/D No. 008193 dated 04.10.2025 drawn on HDFC Bank, Noida
in the name of ABHA MATHUR.
b. The second installment of Rs. 75,00,000 (Rupees Seventy
Five Lakhs) in parts or in full will be paid on or before
25.03.2026
The parties shall jointly request and pray for divorce by
mutual consent under Article 142 of the Constitution of
India before Hon’ble Supreme Court of India along with
this settlement agreement to be taken on record.
3. Both the parties undertake that henceforth they will
not file any civil/ criminal complaint or any case against
each other with regard to the present matrimonial
alliance/ dispute demands, that are a subject matter of
the present settlement.
4. By signing this Agreement, the parties hereto solemnly
state and affirm that they have no further claims or all
disputes have been amicably settled by the parties hereto
through the process of Mediation.
5. The parties undertake before this Hon’ble Court to
abide by the terms and conditions set out in the above-
mentioned Agreement, which have been arrived at, without
any coercion, duress or collusion and undertake not to
raise any disputes in future.
6. The parties acknowledge that their son, Shubham, being
an adult, is free to reside with either or both parents as
per his wish. Both parties, out of natural love and
affection, agree to continue to provide him moral,
emotional, and such financial support as they may mutually
deem appropriate.
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7. Both the parties agree and undertake that they have
settled all their disputes and grievances amicably against
each other and against their family members. Further, they
shall not file any further proceeding. whether criminal or
civil, against each other or their family members at any
forum or stake any claim on the movable or immovable or
joint or ancestral or self acquired or HUF properties of
the either party or their families.
8. Terms of the Settlement Agreement have been read over
and explained in detail to both the parties in the
presence of their respective Counsels present during
mediation.”
4. The petitioner is present virtually and the respondent is
present physically. Both parties are identified by their respective
learned counsels. Both parties have in unequivocal terms have
stated that they have entered into aforesaid the settlement
voluntarily, without any force, threat or coercion.
5. This Court having interacted with the parties and being
satisfied that settlement that has been entered into is voluntary
finds no impediment for accepting the same particularly in the
background of both parties being well educated and having
understood the consequences of the settlement. The petitioner –
wife acknowledges the receipt of the amount as indicated in the
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settlement agreement and she states that there are no further
amount due and payable and she has no other claim. In the light of
the said statement made by the parties and the parties present
before the Court having been identified by their counsels who in
token of having identified them have also affixed their signatures
to the settlement agreement, we find no impediment to accept the
said settlement and proceed to dissolve the marriage in exercise of
the power under Article 142 of the Constitution of India since the
differences between the parties are irreconcilable and the chances
of there being reunion being remote, we deem it proper to dissolve
the marriage solemnized on 21.11.1996. Both parties agree to
effectually implement the terms of the settlement as agreed to
between the parties. Their submissions are placed on record. We
make it clear that with regard to the right of the son, if any, no
opinion is expressed.
6. Transfer Petition stands disposed of accordingly.
7. The Registry to draw the decree of divorce in terms above
referred to.
8. In the light of the aforesaid order passed, all pending
proceedings before all Courts stand disposed of.
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9. Pending application(s), if any, shall stand disposed of.
……………..J.
(ARAVIND KUMAR)
……………..J.
(PRASANNA B. VARALE)
NEW DELHI;
MAY 20, 2026.
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ITEM NO.24 COURT NO.15 SECTION XI
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).3263/2024
ABHA MATHUR Petitioner(s)
VERSUS
PRASHANT MATHUR Respondent(s)
SETTLEMENT AGREEMENT RECEIVED
IA No. 278930/2024 – EX-PARTE STAY
Date : 20-05-2026 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE ARAVIND KUMAR
HON’BLE MR. JUSTICE PRASANNA B. VARALE
For Petitioner(s) : Mr. Vidyut Kayarkar, Adv.
Mr. Siddharth Jain, AOR
Ms. Serena Sharma, Adv.
Mr. Shalender Singh Negi, Adv.
For Respondent(s) : M/S. Mukesh Kumar Singh And Co., AOR
Mr. Ramesh, Adv.
Mr. Narendra Kumar Goyal, Adv.
Mr. Kadam Hans, Adv.
Mr. C.m. Dwivedi, Adv.
Mr. Jeetendra Kumar, Adv.
Ms. Kajal Rani, Adv.
Ms. Komal Singh, Adv.
Mr. Bidya Nand Thakur, Adv.
Mr. Chirayu Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Transfer Petition is disposed of in terms of the signed order
placed on the file.
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Pending application(s), if any, stands consigned to records.
(NEHA GUPTA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
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