Abha Mathur vs Prashant Mathur on 20 May, 2026

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    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,

    SPONSORED

    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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