Divorce – on amicable settlement of parties – lived separately from 2013 Divorce – transfer petition – the parties appear before the Supreme Court Mediation Centre on 13.5.2017. -The learned Mediator has recorded the settlement, which has been arrived at between the parties. – The settlement agreement reads as follows:- Because of disputes and differences both the parties started residing separately since June, 2013. – the parties have resolved all the dispute amicably in relation to the marriage and have been left with no claims against each other whatsoever or their respective family members. – We have perused the settlement agreement. Accepting the said settlement, we direct that the parties shall abide by the terms and conditions incorporated in the settlement agreement. – In the course of hearing, learned counsel for the parties submitted that this Court may grant divorce. – In view of the aforesaid, we think it appropriate to direct that the marriage between the parties stands dissolved on consent. – We appreciate the efforts made by the learned Mediator to convince the parties and make them arrive at the settlement.

TP(C) 106/2017
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No. 106/2017
KAVI SHARMA @ KAVITA SHARMA Petitioner
VERSUS
SAURABH SHUBHAM Respondent
O R D E R
This Court vide order dated 18.4.2017 had directed
the parties to appear before the Supreme Court Mediation
Centre on 13.5.2017. Thereafter, they appeared and the
mediation proceedings continued. The learned Mediator has
recorded the settlement, which has been arrived at between
the parties. The settlement agreement reads as follows:-
�SETTLEMENT AGREEMENT
This Settlement Agreement is entered into
between petitioner-wife, Ms. Kavi Sharma @ Kavita
Sharma, D/o Shri Moti Lal Sharma, R/o Surajgarh,
P.O. & P.S. Surajgarh, Distt. Jhunjhnoo,
Rajasthan, presently at Flat No. 65, Mahipath
Jujarki, Jaipur, Distt. Jaipur, Rajasthan and
respondent-husband, Mr. Saurabh Shubham, S/o Prof.
Sudesh Mehta, R/o Bye Pass Road, near Kashi
Nagari, P.O. Sudna, P.S. Daltonganj, Distt.
Palamau, Jharkhand.
The marriage between the petitioner-wife and
the respondent-husband was solemnized as per Hindu
rites and customs on 17.1.2006 at Jaipur,
Rajasthan. Because of disputes and differences
both the parties started residing separately since
June, 2013.
The Hon’ble Supreme Court vide its order dated
18.4.2017 was pleased to refer the matter to the
Supreme Court Mediation centre.

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Comprehensive mediation sessions were held
with the parties separately and jointly in
presence of their respective counsels on
13.5.2017, 25.5.2017, 9.6.2017 and today i.e. on
7.7.2017.
Both the parties hereto have settled their
dispute in following manner:-
1. That the respondent-husband will withdraw O.S.
No. 55 of 2016 under Section 13 H.M.A. pending in
the principal Judge, Family Court Palamau at
Daltonganj filed by him.
2. That it is agreed between the parties that
they shall jointly pray for treating divorce
petition O.S. No. 55 of 2016 as divorce petition
with mutual consent before the Hon’ble Supreme
Court at the time of next date of hearing invoking
the inherent power under Article 142 of the
Constitution of India and for grant of divorce by
mutual consent as both the parties are staying
separately since last 4 years and there is no hope
for reunion/reconciliation. In case this Hon’ble
Court declines the above prayer then the parties
shall file petition for mutual divorce before the
competent Court Palamau at Daltonganj, Jharkhand
within one month from the disposal of the present
Transfer Petition.
3. The petitioner-wife is not taking any amount
towards full and final settlement of all her
claims towards alimony, maintenance (past, present
and future), Stridhan, belongings and any other
claim whatsoever. However, all rights of the
minor son qua the respondent-father shall remain
intact.
4. That the respondent-husband will pay a minimum
amount of Rs.10,000/- (Rupees Ten Thousand Only)
per month for the maintenance of their minor child
namely Sakshya Shubham aged about 8 years on or
before every 10 th
of the Month which shall start
from July, 2017 and he will also pay any further
amount which occurs on account of education of the
child. For this purpose Bank account of the minor
child shall be opened by the petitioner-wife under
her guardianship and the account number should be
communicated to the respondent-husband within 15
days of the opening of the same. However, the
amount of maintenance of month of July, 2017 shall

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be deposited in August, 2017 alongwith the payment
of Rs.10,000/- of month of August, 2017 subject to
the above intimation of Bank Account by the
petitioner.
5. The respondent-husband shall have visitation
right of the minor child namely Sakshya Shubham on
weekends and any other duration that the parties
may mutually agree with the prior intimation to
the petitioner.
6. In summer vacation of the school, the
respondent-husband shall have visitation rights
for 15 days of the summer vacation with prior
intimation to the petitioner-wife. The respondent
can take child with him with the prior intimation.
7. That the petitioner and the respondent have
agreed that none of them or their family members
or anyone involved in any of the cases related to
this matrimonial alliance will initiate any other
legal action or complaint against each other or
against the family members of each other or anyone
involved with respect to this matrimonial dispute.
8. That in case there is any other case/complaint
pending before any Court/Authority filed by any of
the parties involved in any of the case filed or
their family members apart from cases detailed in
the present agreement with regard to matrimonial
dispute shall be withdrawn by the respective
parties within 4 weeks from the signing of this
agreement.
9. Subject to the aforesaid terms, the parties
have resolved all the dispute amicably in relation
to the marriage and have been left with no claims
against each other whatsoever or their respective
family members.
10. By signing this Agreement the parties hereto
solemnly state and affirm that they have no
further claims or demands against each other or
their families and all the disputes and
differences have been amicably settled by the
parties hereto through the process of mediation.
11. The parties undertake to abide by the terms
and conditions set out in the above mentioned
Agreement, which have been arrived without any
coercion, duress or collusion and undertake not to
raise any dispute whatsoever henceforth.

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11. The contents of this settlement-agreement have
been explained to all the parties through their
respective counsels.�
We have perused the settlement agreement.
Accepting the said settlement, we direct that the parties
shall abide by the terms and conditions incorporated in the
settlement agreement.
In the course of hearing, learned counsel for the
parties submitted that this Court may grant divorce.
In view of the aforesaid, we think it appropriate
to direct that the marriage between the parties stands
dissolved on consent. We appreciate the efforts made by
the learned Mediator to convince the parties and make them
arrive at the settlement.
The transfer petition is accordingly disposed of.
Pending interlocutory applications, if any, also stand
disposed of.
………………CJI.
[Dipak Misra]
………………..J.
[A.M. Khanwilkar]
………………..J.
[Dr. D.Y. Chandrachud]
New Delhi;
January 16, 2018.

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ITEM NO.17 COURT NO.1 SECTION XVI-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 (Civil) No. 106/2017
KAVI SHARMA @ KAVITA SHARMA Petitioner
VERSUS
SAURABH SHUBHAM Respondents
(FOR STAY APPLICATION ON IA 1/2017)
Date : 16-01-2018 This matter was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE A.M. KHANWILKAR
HON’BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner
Mr. Aditya Singh, AOR
Mr. Rajiv Dalal, Adv.

For Respondent
Mr. Sureshan P., AOR

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 interlocutory applications, if any, also
stand disposed of.
(Deepak Guglani) (H.S. Parasher)
Court Master Assistant Registrar
(Signed order is placed on the file)