Babli Kumari vs Amit Kumar Singh on 10 March, 2026

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    Supreme Court – Daily Orders

    Babli Kumari vs Amit Kumar Singh on 10 March, 2026

    Author: Rajesh Bindal

    Bench: Rajesh Bindal

                                         IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION
    
    
                                   TRANSFER PETITION (CIVIL) NO.3045 OF 2024
    
    
                             BABLI KUMARI                                      Petitioner
    
    
                                                        VERSUS
    
    
                             AMIT KUMAR SINGH                                  Respondent
    
                                                         ORDER
    

    1. The present petition was filed by the petitioner–wife

    seeking transfer of Divorce (Matrimonial) Case No.337 of 2024

    SPONSORED

    titled as “Amit Kumar Singh versus Babli Kumari” pending before

    the Principal Judge, Family Court, Vaishali at Hajipur, Bihar to the

    Principal Judge, Family Court at Giridih, Jharkhand.

    2. During the pendency of the present petition, the

    dispute between the parties was resolved. The terms were

    recorded in the order passed by this Court on 10 th December,

    2025. The same are as under:

    “1. Learned counsel for the petitioner submitted that
    there can be divorce by mutual consent of the parties
    Signature Not Verified
    in case the respondent pays a sum of ₹20,00,000/-

    Digitally signed by
    ANITA MALHOTRA
    Date: 2026.03.20
    10:15:23 IST

    (Rupees twenty lakhs only) as full and final
    Reason:

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    settlement towards permanent alimony to the
    petitioner. Out of which ₹7,00,000/- (Rupees seven
    lakhs only) have already been paid and ₹13,00,000/-
    (Rupees thirteen lakhs only) are yet to be paid.

    2. Learned counsel for the respondent, on instructions
    from the respondent, submitted that he is agreeable
    to the aforesaid proposal. However, some time may
    be granted for payment of the amount. He
    undertakes to pay a sum of ₹5,00,000/- (Rupees five
    lakhs only) by 31st December, 2025 and another
    amount of ₹8,00,000/- (Rupees eight lakhs only) on
    or before 28th February, 2026.

    3. Learned counsel for both the parties submitted that
    they will move a joint application under Article 142 of
    the Constitution of India for dissolution of marriage by
    mutual consent.

    4. It was further submitted by learned counsel for the
    respondent, that the dispute between the parties
    having been settled, the proceedings in the criminal
    cases initiated by the petitioner may be put on hold till
    the next date of hearing. A list of the cases has been
    provided in para 2 of the counter affidavit filed by the
    respondent. The same is extracted below:

    S.No. Case No. Before Filed by Present
    Status

    1. FIR No.18/2017 (GR PS Mahila, Petitioner Pending in
    No.2148/2017) u/s Division: Sadar, Court
    341, 323, 379, 498A, District: Giridih,
    34 of IPC and Section Jharkhand
    ¾ of the Dowry
    Prohibition Act
    , 1961

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    2. FIR No.164/2019 u/s PS: Muffshil, Petitioner Pending
    279, 427, 354(B), Giridih lodged investigations
    379, 506, 34 IPC by the before Police
    petitioner

    3. Complaint Chief Judicial Father of the Lodged as
    No.1445/2016 Magistrate, Respondent “Sanha’ and
    Hajipur, the recovery
    Vaishali is pending

    4. Complaint dated The General Father of the Pending
    16.12.2019 Registrar, High Respondent
    Court, Ranchi
    and Vigilance
    Cell (SCS)

    5. Complaint vide Ld. JMFC-Ist Respondent Pending
    Ct.Case Class, Vaishali,
    No.2771/2022 Hajipur

    6. Maintenance Family Courts, Respondent Arising from
    Alteration/Revision Giridih Order dated
    Case No.04/2024 20.11.2019 in
    maintenance
    Case No.
    206/2017

    7. FIR/PS Case Bidupur Thana, Respondent Pending
    No.232/2017 District Hajipur,
    Bihar

    8. Divorce (Matrimonial) Principal Respondent Pending
    Case No.337/2024 Judge, Family adjudication
    u/s 11 & 5(i) of the Court, Vaishali for which
    Hindu Marriage Act, at Hajipur, present
    1955 Bihar Transfer
    Petition filed
    before this
    Hon’ble
    Court.

    5. It was further submitted that in addition to the
    aforesaid cases, Criminal Revision No.146 of 2025
    titled as “Amit Kumar Singh & Ors. v. Babli Kumari” is
    also pending before the Principal District and Session
    Courts, Giridih, Jharkhand.

    6. As the parties have mutually agreed to dissolve the
    marriage on payment of permanent alimony to the
    petitioner-wife, till the next date of hearing, further

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    proceedings in all the aforesaid cases, shall remain
    stayed.

    7. The sum of ₹5,00,000/- (Rupees five lakhs only) to
    be paid by the respondent to the petitioner shall be
    transferred in her bank account, the particulars
    whereof shall be furnished by the learned counsel for
    the petitioner to the learned counsel for the
    respondent. The second installment is also to be paid
    in the same manner.

    8. Adjourned to 10th March, 2026.”

    3. A joint application bearing IA No.72258 of 2026 has

    been filed by learned counsel for the parties under Article 142 of

    the Constitution of India for dissolution of marriage by mutual

    consent.

    4. As agreed between the parties, total sum of

    ₹20,00,000/- (Rupees twenty lakhs only) have already been paid

    by the respondent-husband to the petitioner-wife as detailed out in

    IA No.72258 of 2026. The aforesaid fact is not disputed by learned

    counsel for the petitioner.

    5. The details of cases pending between the parties as

    mentioned in paragraph 9 of IA No.72258 of 2026 are extracted

    below:

    “I. CASES INITIATED BY THE PETITIONER AND/OR
    HER FAMILY

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    i. FIR No.18/2017 (GR No.2148/2017) u/s 341, 323,
    379, 498A, 34 of IPC and Section 3/4 of the Dowry
    Prohibition Act, 1961, which is pending before PS:

    Mahila, Division: Sadar, District: Giridih, Jharkhand.

    ii. FIR No.164/2019 u/s 279, 427, 354(B), 379, 506, 34
    IPC, which is pending before PS: Muffshil, Giridih.

    iii. Domestic Violence Case No.1657/2018, Civil Court,
    Giridih, Jharkhand.

    iv. Complaint Case No.1075/2018, Civil Court, Giridih,
    Jharkhand.

    v. Enforcement Case No.31/2021, Civil Court, Giridih
    Court, Jharkhand.

    II. CASES INITIATED BY THE RESPONDENT AND/OR
    HIS FAMILY

    i. Complaint No.1445/2016, (lodged as “Sanha’) which is
    pending before Ld. Chief Judicial Magistrate, Hajipur,
    Vaishali (filed by Respondent’s father).

    ii. Complaint dated 16.12.2019 which is pending before the
    General Registrar, High Court, Ranchi and Vigilance
    Cell (SCS) (filed by Respondent’s father).

    iii. Complaint vide Ct.Case No.2771/2022, which is pending
    before Ld. JMFC-1st Class, Vaishali, Hajipur, Bihar.

    iv. Maintenance Alteration/ Revision Case No.04/2024
    (arising from Order dated 20.11.2019 in Maintenance
    Case No.206/2017), which is pending before Ld.
    Family Courts, Giridih.

    v. FIR No.232/2017, Bidupur Bazar Thana, District Hajipur,
    Bihar, which is pending before Civil Courts, Hazipur,
    Bihar.

    vi. Divorce (Matrimonial) Case No.337/2024 u/s 11 & 5(1) of
    the Hindu Marriage Act, 1955, which is pending
    before the Ld. Principal Judge, Family Court, Vaishali
    at Hajipur, Bihar.

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    vii. Criminal Revision No.146 of 2025, which is pending
    before the Ld. Principal District and Session Courts,
    Giridih, Jharkhand.

    viii.FIR No.24/19 ST/SC (G.R No)-114/19 which is pending
    before the Court of Special Judge SC/ST, Civil Court
    Hajipur, Vaishali (filed by respondent’s driver).

    ix. Complaint No.2218/2017 (lodged as “Sanha’) which is
    pending before Ld. Chief Judicial Magistrate Hajipur,
    Vaishali (filed by respondent’s Brother).

    III TRANSFER PETITION BEFORE SUPREME COURT

    i. Transfer Petition (Civil) No.3045 of 2024”

    6. As stated in the application, the petitioner-wife

    undertakes and agrees that upon receipt of the amount, she shall

    have no subsisting claim, demand, right, title, interest or cause of

    action of any nature whatsoever against the respondent-husband

    or any of his family members or relatives, either present or future

    and that all disputes between the parties stand amicably settled

    once and for all.

    7. There is no child born from the wedlock.

    8. As the dispute between the parties stands resolved by

    invoking our jurisdiction under Article 142 of the Constitution of

    India, the marriage between the petitioner-Babli Kumari and the

    respondent-Amit Kumar Singh solemnized on 27 th April, 2015,

    stands dissolved by way of decree of divorce by mutual consent

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    under Section 13-B of the Hindu Marriage Act, 1955. The parties

    shall abide by the terms of the settlement in terms of this Court’s

    order dated 10th December, 2025 and IA No.72258 of 2026, as

    agreed upon.

    9. The decree be drawn by this Court in terms of this

    order.

    10. As the dispute between the parties stands resolved,

    all the cases initiated by them and/or their family members against

    each other, shall stand disposed of as settled with no further action

    by any of them. FIRs, as mentioned in para 5 of the order, and all

    subsequent proceedings thereto shall stand quashed.

    11. A copy of this order shall be forwarded by the Registry

    of this Court to the concerned courts where the aforesaid cases

    are pending so as to enable them to record disposal of those

    proceedings. The Registry is also directed to send a copy of this

    order to the Registrar General of the Jharkhand High Court at

    Ranchi and Vigilance Cell with reference to the complaint dated

    16.12.2019, pending with him.

    12. Accordingly, the present Transfer Petition and the

    applications filed herein are disposed of.

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    13. We record our appreciation for the reasonable stand

    taken by the parties as well as the efforts made by their respective

    learned counsel.

    ……………………………..J.
    (RAJESH BINDAL)

    ….………………………….J.
    (VIJAY BISHNOI)

    NEW DELHI;

    March 10, 2026.

    
    
    
    
                                      8
    ITEM NO.36               COURT NO.14                 SECTION XVI
    
                   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). 3045/2024

    BABLI KUMARI Petitioner(s)

    VERSUS

    AMIT KUMAR SINGH Respondent(s)

    ([MEDIATION REPORT RECEIVED]
    IA No. 262140/2024 – EX-PARTE STAY
    IA No. 262141/2024 – EXEMPTION FROM FILING O.T.
    IA No.72258/2026 – UNDER ARTICLE 142 OF THE CONSTITUTION OF INDIA
    FOR DISSOLUTION OF MARRIAGE)

    Date : 10-03-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE RAJESH BINDAL
    HON’BLE MR. JUSTICE VIJAY BISHNOI

    For Petitioner(s) :

    Mr. Vidur Dwivedi, Adv.

    Mr. Shakir Shabir, Adv.

    For M/S. Hooda & Co., AOR

    For Respondent(s) :

    Mr. Kripa Shankar Prasad, AOR
    Mr. Mohd Ainul Ansari, Adv.

    Mr. Manoj Kumar Goyal, Adv.

    Mr. Rishabh Goyal, Adv.

    Mrs. Rashmi Naraina, Adv.

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

    The Transfer Petition is disposed of in terms of the

    signed order.

    Pending applications shall also stand disposed of.

    
    
    
        (ANITA MALHOTRA)                      (AKSHAY KUMAR BHORIA)
           AR-CUM-PS                              COURT MASTER
    

    (Signed order is placed on the file.)

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