Supreme Court – Daily Orders
Mitali Deb vs Nirupam Das on 11 March, 2026
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(Civil) No.862/2025
MITALI DEB Petitioner(s)
VERSUS
NIRUPAM DAS Respondent(s)
O R D E R
1. The parties have been able to arrive at an amicable settlement
before the Supreme Court Mediation Centre.
2. The Settlement Agreement dated 28-2-2026 has been reduced into
writing duly signed by the parties, their respective counsel and
the learned Mediator, Supreme Court Mediation Centre.
3. The terms of the Settlement read thus:-
“1. Reference:
The above-said Case Under Section 25 of the Code of Civil
Procedure, 1908 read with Order XLI of Supreme Court Rules, 2013
has been filed by the wife seeking transfer of Divorce Petition
filed under Section 13 (1) (ia) of HMA Act, 1955 being HMA, MAT
No.-972 of 2022 titled as ‘Nirupam Das Vs. Smt. Mitali Deb’
pending before the Court of Ld. Addl. District Judge, Fast Track
Court No.-02, Barrackpore, West Bengal to the Competent Court of
Ld. Principal Judge, Family Court at Distt.- Golaghat, Assam,
the same have been received for mediation from the Hon’ble
Supreme Court of India vide Order dated 04.02.2026 directing as
follows:
“5. In the meantime, we also direct the parties to once again
appear before the Supreme Court Mediation Centre for the purpose
of settlement. This time a senior lady Mediator shall be
appointed by the Centre and we request the learned Mediator to
make all possible efforts to save the marriage and see to it
Signature Not Verified
that there is reconciliation.
Digitally signed by
VISHAL ANAND
Date: 2026.03.13
17:14:30 IST
Reason:
6. Since, the parties are very much in Delhi, we direct them to
appear today itself i.e., 04.02.2026 at 2 p.m. before the
Supreme Court Mediation Centre for the purpose of mediation.
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List on 11.03.2026.”
8. The learned Mediator is requested to give the report before
the next date of hearing.
2. Mediation proceedings:
Pursuant to the orders passed by the Hon’ble Court the parties
appeared before the learned Senior Mediator on 04.02.2026.
After introducing and explaining the concept and benefits of
mediation, the matters have been discussed with the parties in
joint sessions in cordial atmosphere, which followed VC meeting
on dated 12.02.2026 at 6:00 PM and on 28.02.2026 in cordial
atmosphere.
3. Background of the case:
As stated by parties, the brief facts of the case in hand are
that the marriage between the petitioner/wife and
respondent/husband was solemnized on dated 29.05.2019 as per
Hindu rites and ceremonies at Kolkata and there is a male child
Master Nishant Das born on 09.07.2020. However, due to certain
matrimonial discords and differences, they are living separately
from each other since 25.12.2019. It is stated that presently
the petitioner/wife is residing at her parents place at
Bokakhat, Assam.
4. Whether any issue has been born from the wedlock, if yes,
then name, age, sex-
YES.
A MALE CHILD NAMELY MASTER NISHANT DAS NOW AGED 5+ YEARS (BORN ON
09.07.2020)
5. Connected Cases:-
i. Case no.:MAT Suit No. 972/2022
Ld.Additional District and Session Judge Fast
Track 2nd Court at Barrackpore, Kolkata, WBii. Case no.:Misc Case No. 04/2022
Ld.Additional District and Session Judge Fast
Track 2nd Court at Barrackpore, Kolkata, WB
(Disposed off on dated 09.10.2023)iii. Case no.:Criminal Revision 19/2024
3-Additional District And Sessions Judge,
Golaghat, Assam.
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6. Applicability/Non-applicability of the present settlement to
the Connected Cases:
The present settlement shall be applicable to the cases in hand
as well as to all the connected matters mentioned above,
however, subject to terms and conditions mentioned here-in-
below.
7. Compoundable/non-compoundable offences
A. The present settlement shall apply to all compoundable and
non-compoundable cases. This also pertains to maintenance
proceedings (as amended and substituted)
B. It is further made clear to the parties that this
settlement is also subject to the satisfaction of Ld. Referral
Court.
8. Abbreviation:
The petitioner namely Smt. Mitali Deb shall be hereinafter
referred to as “the wife” and the respondent namely Shri.
Nirupam Das shall be hereinafter referred to as “the husband ”
whereas minor child Master Nishant Das shall hereinafter be
referred as ‘the child’. The husband and wife shall hereinafter
be shall be referred to as ‘the parties
9. Terms & Schedule of Settlement:
After understanding the process of mediation, aforesaid legal
position involved in the settlement, the parties have arrived at
an amicable settlement on the terms and conditions as under:-
I. It is agreed between husband and wife that there is no
possibility of reunion due to irreconcilable differences and as
such, they have decided to separate their ways and go for
dissolution of their marriage by mutual consent in accordance
with law as provided under section 13B of Hindu Marriage Act,
1955 for this purpose, the parties shall move joint application
before the Hon’ble Supreme Court U/Art. 142 of the Constitution
of India for the kind consideration of the Hon’ble Supreme Court
and pray for the dissolution of their marriage and all other
connected proceedings subject to the fulfilment of other
conditions as enumerated in the present settlement.
II. PERMANENT ALIMONY:
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It is further agreed between the parties that the husband
shall pay an amount of Rs.15,00,000/- (Rupees Fifteen Lakh
only) to the wife towards full and final settlement for her
maintenance (past, present and future), permanent alimony.
This shall include the amount of Rs. 1.5 Lakhs (One Lakh Fifty
Thousand Only ) ordered by the Hon’ble Supreme Court vide
order dated 04.02.2026 and alimony arrears (if any).
III RETURN OF STRIDHAN :
Respondent/husband shall also return following jewellery and
dowry articles, Stridhan etc. and Wife undertakes not to Put
forth any further claim towards the same in future at any
stage.
LIST OF JEWELLERY:
i. 1 Nos Necklace (Gold) ii. 1 Nos Mini Necklace set (Gold) iii. 8 Pair Ears Top (Gold) iv. 1 Nos Nose Top (Gold) v. 2 Nos Chick Necklace (Gold) vi. 1 Pair Gold Sankha vii. 1 Nos Gold Chain.
The Petitioner/Wife shall collect all other articles, including
her personal belongings, gift articles, clothes, marriage gifts
etc., from the residence of the Respondent by herself or
through any person duly authorised by her in this regard.
The Respondent/Husband undertakes to extend full cooperation to
the Petitioner/Wife or her authorised representative at the
time of such collection and shall ensure that no hindrance or
obstruction is caused in handing over the aforesaid articles.
LIST OF GIFT ARTICLES AND PERSONAL BELONGINGS, LIKE MARRIAGE
BOX, CLOTHES ETC. I.E. OTHER THAN JEWELLERY:
i. 2 Pieces Kasha Dish ( Big Size )
ii. 4 Pieces Kasha Bati ( Medium Size )
iii. 2 Piece Kasha Plate ( Small Size )
iv. 2 Piece Kasha Glass ( Small Size )
v. 1 nos Pushpa Thali
vi. 2 Piece Kasha Glass ( Big Size )
vii. 1 Piece Jal Shank With stand
viii. 1 Nos. Pradip Stand
ix. 1 Nos. Dhup Stand
x. 1 Nos. Kasha Kalash
xi. 1 Nos. Ghoti ( Big Size )
5xii. 1 Nos. Karai with Haata
xiii. 2 Nos. Dinner Set
xiv. 1 Nos. Washing Machine
xv. 1 Nos. Non-Stick Handi Saucepan
xvi. 1 Nos. Steel Saucepan
xvii. 1 Nos. Kasha Pradip
xviii. 1 Nos. Induction Oven
xix. 2 Nos. Trolly Hard Boy ( Medium Size )
xx. 1 Nos. Trolly Hard Boy ( Medium Size )
xxi. 1 Nos. Luggage Bag.
IV. MODE OF PAYMENT :
It is further agreed between the parties that the husband shall
pay Rs. 14.25 Lacks (Fourteen Lakhs Twenty Five Thousand Only )
Partial settled amount to the wife by way Demand Draft
(Banker’s Cheque No. 826988) issued by State Bank of India Code
no. -08046 dated 25.02.2026 of the petitioner/wife at the time
of signing of the present Settlement Deed while Rs.75,000/- has
already been paid by two separate transactions of (a) ₹ 50,000
on 16th February’26 vide Transaction Id. 002520010001286 and
(b) ₹ 25,000/- dated 17th February’26 Transaction Id.
002520010001286. Both the transactions were made by way Yes
Bank IMPS to Mrs. Mitali Deb to her account, , A/c No.
0025200100012867 in Punjab National Bank which is duly
acknowledged by the wife.
V. It is further agreed that an amount of Rs.1,00,000/-
(Rupees One Lakh only) gifted to the husband from the father of
the wife shall be returned by way of Demand Draft No.826986
dated 25.02.2026 for Rs. 1,00,000/-issued by_State Bank of
India Code no.08046.
VI. CHILD CUSTODY, UPBRINGING & SUPPORT :
Permanent custody of the minor child namely Master Nishant Das
shall remain with the Petitioner/Wife, who shall be the primary
caregiver and natural guardian of the child.
It is agreed that the Petitioner/Wife, being the custodial
parent, shall take care of and bear the educational, medical
and other day-to-day expenses of the minor child.
VII. However, the Respondent/Father undertakes to support the minor
child as and when required and shall remain committed towards the
welfare, upbringing and overall development of the child until he
attains the age of majority i.e. 18 years and shall bear major
expenses like school admission fees (with mutually agreed
educational institution to be borne 50% by each party), and any
major medical expenses (directly to the school or hospital by way of
6Medical Insurance with minimum coverage of Rs. 5 Lakh and details of
insurance would be shared via Whatsapp on renewal)) if need so
arises in future, and also the child shall be entitled to inherit
the property rights of his father as co-parcener of the
respondent/husband’s family.
The Respondent/Father shall have reasonable visitation rights,
including physical as well as virtual interaction with the minor
child, as may be mutually agreed between the parties from time to
time, keeping in view the welfare and best interest of the child.
It is clarified that this settlement shall not prejudice the
independent statutory rights of the minor child in any manner
whatsoever.
VIII. FUTURE CUSTODY :
It is further agreed that the father shall not file any case for
child custody, however it will be open for the child to join his
father after attaining the age of majority i.e. 18 years.
IX. FULL & FINAL SETTLEMENT:
Upon compliance with the above terms:
No claims shall survive between the parties
No civil or criminal litigation shall be initiated in future
arising out of the present marriageX. PROPERTY RIGHTS:
Neither party, i.e. the husband and wife, shall claim any right,
title or interest in:
Movable
Immovable
Ancestral
Self-acquired property of the other party.
XI. SOCIAL MEDIA NON-INTERFERENCE:
It is further agreed that neither party shall misuse or share any
information on social media platform against each other and shall
also not interfere in the personal life of each other in future, in
any manner, whatsoever.”
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4. The parties are directed to abide by the terms and conditions
of the settlement agreement without fail.
5. The original Settlement Agreement shall be taken on record and
the same shall be kept with the record of the case.
6. In accordance with the terms of the settlement, the husband
has paid an amount of Rs.15,00,000/- (Rupees Fifteen Lakh only) to
his wife towards permanent alimony etc.
7. All proceedings between the parties, civil and criminal, shall
stand terminated.
8. In terms of the said settlement, the marriage between the
parties stands dissolved in exercise of our jurisdiction under
Article 142 of the Constitution.
9. The Registry shall draw a decree accordingly in terms of the
settlement.
10. With the aforesaid, the Transfer Petition stands disposed of
11. Pending application, if any, stand disposed of.
…………………………………………J
(J.B. PARDIWALA)
…………………………………………J
(K.V. VISWANATHAN)
NEW DELHI
11th MARCH, 2026.
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ITEM NO.26 COURT NO.7 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(Civil) No.862/2025
MITALI DEB Petitioner(s)
VERSUS
NIRUPAM DAS Respondent(s)
[MEDIATION REPORT RECEIVED]
(A No. 80454/2025 – STAY APPLICATION)
Date : 11-03-2026 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE K.V. VISWANATHANFor Petitioner(s) :
Mr. Pramod Dayal, AOR
Mr. Arun Srivastava, Adv.
Mr. Rakesh Kumar, Adv.
Mr. Akhil Srivastava, Adv.
Mr. Prashant Srivastava, Adv.
Ms. Piddi Reddy Satya, Adv.
For Respondent(s) :
Mr. Shaunak Dutta, Adv.
Ms. Shumaila Altaf, Adv.
Mr. Gaurav Ghosh, Adv.
Mr. M. P. Srivignesh, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition stands disposed of, in terms of the
signed order.
2. Pending application, if any, stand disposed of
(VISHAL ANAND) (POOJA SHARMA)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed Order is placed on the file)
