Supreme Court – Daily Orders
Susmita Agrawal vs Rajesh Kumar Agrawal on 9 April, 2026
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.3108/2024
SUSMITA AGRAWAL PETITIONER(S)
VERSUS
RAJESH KUMAR AGRAWAL RESPONDENT(S)
O R D E R
1. The parties have been able to reach to an amicable
settlement before the Supreme Court Mediation Centre.
2. The Settlement Agreement dated 07.10.2025 has been
reduced into writing, duly signed by the parties, their
respective counsel, including the learned Mediator.
3. The Settlement Agreement reads thus:-
“SETTLEMENT AGREEMENT
This Settlement Agreement is executed on 7th October, 2025
at New Delhi between:
Susmita Agrawal D/o Shri Mahabir Agrawal, Aged 39 years R/o
Flat No. 36F Ground Floor, Shri Radha City Colony,
Goverdhan Road, Nagla Sadola, Satoha Asgarpur, Mathura,
Uttar Pradesh-281001 (herein after referred to as “FIRST
PARTY”)
ANDRajesh Kumar Agrawal, S/o Shri Satyanarayan Agrawal, R/o
Village P.O. Kuchinda, Ward No. 6, District Sambalpur,
Odisha-768222 (hereinafter referred to as “SECOND PARTY”).
WHEREAS marriage between the first party and the second
party was solemnized on 29.06.2009 in accordance with Hindu
Rites, Customs and Ceremonies at Marwari Dharamsala,
Kuchinda, District Sambalpur, Odisha.
Signature Not Verified AND WHEREAS the parties cohabited as husband and wife until
Digitally signed by December 2016, where after matrimonial disputes arose
HARPREET KAUR
Date: 2026.04.10
17:21:18 IST
between them, leading to their separation. There is one
Reason:
male child namely, Manav Agrawal (hereinafter referred to
as “THE MINOR SON”), aged about 15 years, born out of this
wedlock who has been residing with FIRST PARTY in Mathura
since the separation of the parties.
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AND WHEREAS the parties have instituted the following
cases:
1. CMC No. 464 of 2017 under Section 125 of Cr.P.C. Act
before the Ld. Principal Judge, Family Court Mathura;
2. Mat. Case No. 520 of 2019 under Section 9 of Hindu
Marriage Act, 1955 along with application u/s 24 of Hindu
Marriage Act before the Ld. Judge, Family Court, Mathura;
3. Mat. Case No. 01 of 2019 under Section 13 of Hindu
Marriage Act, 1955 along with application u/s 11 of HMA
before the Ld. Senior Civil Judge, Kuchinda, District-
Sambalpur, which was decided ex-parte and a Decree of
Divorce dated 24.11.2022 was passed;
4. Application under order IX Rule 13 bearing CMA No. 21 of
2021 in Mat Case No. 1 of 2019 filed by the first party is
pending before the Ld. Senior Civil Judge, Kuchinda,
District-Sambalpur;
5. If any other pending case civil and criminal filed by
any above party before any Court of Law shall withdraw.
AND WHEREAS the first Party had then instituted Transfer
Petition (C) No. 3108 of 2024 before the Hon’ble Supreme
Court of India. At the joint request of the parties, the
Hon’ble Supreme Court referred the parties for mediation
before the Supreme Court Mediation Centre. Comprehensive
mediation sessions were held with the parties on
16.06.2025, 18.07.2025, 07.08.2025; 26.08.2025, and finally
on 11.09.2025, wherein both the parties were physically
present before the Mediation Centre.
AND WHEREAS the first party acting for herself and as
guardian of the minor son, enters into this full and final
settlement.
AND WHEREAS after discussions and negotiations held between
the parties during the mediation proceedings, the parties
have arrived at an amicable settlement wherein, they have
agreed to settle all their disputes on the following terms:
1. The Parties agree that the marriage between them has
irretrievably broken down due to irreconcilable differences
and that it shall not be possible for them to stay together
as husband and wife.
2. That the Parties agree that they shall file appropriate
application under Article 142 of the Constitution of India
before the Hon’ble Supreme Court, seeking dissolution of
marriage by mutual consent and disposal/quashing of
aforesaid litigations and withdrawal of all pending
proceedings between them, irrespective of the ex-parte
divorce decree dated 24.11.2022 passed in Mat. Case No. 01
of 2019 by the Ld. Senior Civil Judge, Kuchinda, District
Sambalpur, and irrespective of the pendency of any
application for setting aside the said decree.
3. Both the parties hereto have arrived at an amicable
3mutual settlement on the following terms and conditions:-
a) In consideration of the above, the second party
agrees to pay a lump-sum of total Rs. 60,00,000/-
(Rupees Sixty Lakhs Only) to the First Party, as a
full and final settlement. The said lump- sum of Rs.
60,00,000/- (Rupees Sixty Lakhs Only) shall be paid by
the Second Party to the First Party, in the following
manner:-
i. That the Second Party shall hand over a sum
of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) to
the First Party at the time of executing the
present agreement, by way of Demand Draft
bearing No. 000457 dated 6th October, 2025 drawn
on HDFC Bank;
ii. That the Second Party shall further pay the
remaining sum of Rs. 10,00,000/- (Rupees Ten
Lakhs only) by way of a post-dated cheque
bearing no. 001379, dated 18th March, 2026, which
shall be issued in the name of the First Party.
The said post-dated cheque shall be handed over
to the First Party by the Second Party at the
time of execution of the present settlement
agreement, and the same shall be encashable on
or after the said date mentioned in the cheque.
b) That the First Party, acknowledge and confirm that
upon receipt of the aforesaid settlement amount of Rs.
60,00,000/- (Rupees Sixty Lakhs only), shall have no
further claims, monetary or otherwise, against the
Second Party or his family members, whether past,
present or future, arising out of or in connection
with the marriage or otherwise. This shall include and
extend to all claims of maintenance (past, present or
future), permanent alimony, stridhan, inheritance,
succession, education, property rights and any other
rights whatsoever.
c) That the First Party, being the natural guardian of
the son, undertakes on behalf of the minor son that
the settlement recorded herein is binding upon him as
well.
d) That the parties mutually agree and affirm the
following terms regarding their son:
i. The First Party shall have the permanent,
sole, and exclusive legal and physical custody
of the minor son. She shall be the sole
decision-making authority in all matters
concerning the son’s welfare, including but not
limited to his residence, education, health, and
religious upbringing.
ii. The Second Party voluntarily and irrevocably
relinquishes all his parental rights, including
but not limited to custody, guardianship, and
visitation, for the present and for all times in
4the future. The Second Party shall have no right
to visitation or access to the minor son.
iii. The First Party shall not be required to
consult the Second Party for any decisions
concerning the minor son, including any decision
regarding the son travelling or residing abroad.
e) That both parties agree and undertake to withdraw,
not pursue, and not institute any fresh or further
civil or criminal proceedings against each other or
their family members in respect of the matrimonial
relationship, whether directly or indirectly, save and
except for proceedings required to give effect to the
present settlement.
4. It is agreed between the parties that they will strictly
adhere to the terms and conditions of this settlement
agreement and will do all acts and sign all the relevant
documents required for the purpose of acting upon the
present settlement agreement.
5. That both the parties herein agree that they shall
jointly file an Application and pray to this Hon’ble Court
to exercise its power under Article 142 of the Constitution
of India and to quashing/withdrawal of all criminal and
civil cases pending between the parties, and to record that
the present settlement agreement is conclusive and binding.
That this Joint Application shall be filed within a week of
the signing of this present settlement.
6. Both the parties have executed this settlement agreement
before the Mediator appointed by Supreme Court Mediation
Centre of their own accord and free will, without
perpetration of any force undue influence or coercion and
both the parties shall be estopped in law to assail the
validity of any clause/terms of the present settlement
agreement on the ground of being void and unlawful.
Further, the parties have confirmed and undertaken that
they were given sufficient time and opportunity to consult
their legal counsels and it is only after said
consultations and full understanding of the effect of the
terms and conditions of the present settlement agreement,
the parties have executed the present settlement agreement.
7. That both the parties are well qualified and have
perused and understood the contents of the present
settlement agreement.
8. The parties agree that the terms and conditions of this
Settlement Agreement are binding and shall be strictly
adhered to. Time is of the essence for the performance of
the obligations herein, particularly the payment
obligations of the Second Party as set out in this
agreement.
9. In the event the Second Party defaults on or fails to
pay the settlement amount of ₹60,00,000/- (Rupees Sixty
Lakhs Only) in the manner and within the timeline specified
herein, the First Party shall have the full right to:
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i. Revive all civil and criminal proceedings that are
being withdrawn or quashed pursuant to this agreement,
as if this Settlement Agreement had never been
executed.
ii. Initiate fresh proceedings for contempt of court
against the Second Party for violating the consent
terms recorded before the Hon’ble Supreme Court.
iii. Enforce this Settlement Agreement as a decree of
the court and recover the due amount along with an
interest of 12% per annum from the date of default
until the date of actual payment.
The choice of remedy shall lie solely with the First
Party, and the waiver of any one right shall not be
construed as a waiver of any other rights, available
to her under law.
10. It is expressly understood and agreed by both parties
that this Settlement Agreement is entered into for the sole
purpose of amicably resolving all matrimonial disputes. The
execution of this agreement and the fulfilment of its terms
shall not be construed as an admission of fault or
liability by either party with respect to any allegations
or claims made in the legal proceedings now being
withdrawn.”
4. The parties are directed to abide by all the terms and
conditions of the settlement.
5. The original Settlement Agreement shall be taken on
record and the same shall be kept with the record of this
case.
6. In accordance with the terms of the settlement, the
husband has paid a total amount of Rs.60,00,000/- (Rupees
Sixty Lakh only) to his wife towards full and final
settlement.
7. Petitioner-Susmita Agrawal has joined the proceedings
online. She confirms having received the amount of
Rs.60,00,000/- (Rupees Sixty Lakh only) from her husband.
8. In view of the aforesaid, the marriage between the
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parties stands dissolved in exercise of our jurisdiction under
Article 142 of the Constitution of India.
9. Registry to draw a decree accordingly.
10. All proceedings between the parties, civil and criminal,
if any, shall stand terminated.
11. The Transfer Petition stands disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
…………………………………………J
[J.B. PARDIWALA]
…………………………………………J
[K.V. VISWANATHAN]
NEW DELHI;
09TH APRIL, 2026.
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ITEM NO.9 COURT NO.7 SECTION XI-A
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).3108/2024
SUSMITA AGRAWAL Petitioner(s)
VERSUS
RAJESH KUMAR AGRAWAL Respondent(s)
[MEDIATION REPORT RECEIVED]
IA No. 64477/2026 – APPLICATION FOR PERMISSION
IA No. 266859/2024 – EX-PARTE STAY
Date : 09-04-2026 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. Deepak Singh, AOR
Mr. Shubham Jaiswal, Adv.
Mr. Vikrant Singh, Adv.
Mr. Upendra Yadav, Adv.
Mr. Sahil Sansanwal, Adv.
For Respondent(s) : Mr. Padmesh Mishra, Adv.
Ms. Vastvikta Bhardwaj, Adv.
Mr. Aakarsh Mishra, Adv.
Mr. Aayushmaan Vatsyayana, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The Transfer Petition is disposed of in terms of the signed
order which is placed on the file.
2. Pending application(s), if any, also stand disposed of.
(HARPREET KAUR) (POOJA SHARMA) COURT MASTER (SH) COURT MASTER (NSH)
