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2026 DAILYLAW 691 (SC)

Mayank v. Namita

2026-06-05

Aravind Kumar, Pamidighantam Sri Narasimha

body2026
ORDER 1. Leave granted. 2. The respondent has filed the transfer petition before the High Court seeking transfer of Civil Misc. Case No. 163/2023 from the Family Court No.1, Jodhpur to the Court of Additional District Judge, Jaitaran District Pali, which was allowed by the High Court. 3. Aggrieved by the said order, the appellant-husband filed the present appeal. During the pendency of aforesaid appeal, this Court, vide order dated 12.12.2025, issued notice to the respondent and referred the parties to the Supreme Court Mediation Centre for exploring the possibility of an amicable settlement. By virtue of the mediation, the parties have arrived at a settlement and they have decided to part ways on certain terms and conditions which are delineated in the settlement agreement dated 12.05.2026 which has been signed by both the parties, counsel for the parties and the Mediator, copy of which has been filed by the Supreme Court Mediation Centre. 4. Learned counsel for the parties has also filed a joint application being IA No. 157625 of 2026 for exercising jurisdiction under Article-142 of the Constitution and for grant of the following prayers: “a) Allow the present Application and dissolve the marriage between the parties in terms of the Settlement Deed dated 12.05.2026; and b) Quash and or/ direct closure of all pending cases, FIRs or litigations of any nature whatsoever filed by Petitioner husband and/or his family members against the Respondent wife and/or her family members and vice versa arising out of the present matrimonial dispute; and c) Pass such further and other order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case." 5. We have taken the Joint Application and Settlement Agreement dated 12.05.2026 on record. 6. The terms and conditions and the relevant paragraphs as set out in Settlement Agreement dated 12.05.2026 are as under: “A. That the Petitioner - husband has agreed to pay Rs. 24,00,000/- (Rupees Twenty Four Lakhs only) to Respondent-wife towards full and final settlement of all the claims regarding dowry, stridhan, permanent alimony and maintenance (past, present and future) and any other claim whatsoever. 24,00,000/- (Rupees Twenty Four Lakhs only) to Respondent-wife towards full and final settlement of all the claims regarding dowry, stridhan, permanent alimony and maintenance (past, present and future) and any other claim whatsoever. B. That, the parties will, within one week move a joint application before the Hon'ble Supreme Court under Article 142 of the Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for divorce by mutual consent as parties are staying separately since 2023 i.e. for more than three years and there is an irretrievable breakdown of the marriage. In the said application the party will also pray for the quashing/closure of all pending cases or proceedings of any nature whatsoever, whether civil or criminal, FIRs, complaints, filed or caused to be filed by the Petitioner Husband and/or any member of his family against the Respondent Wife and/or any member of her family, and vice versa, arising out of or in connection with the present marriage and matrimonial disputes, whether already disclosed or previously not disclosed. C. That after the grant of divorce, they will not interfere in each other’s social life or personal life by any means or mode through social media, online or offline and will also ensure that members of either family not get indulge with any such activity. D. That during their conjugal relationship, both the parties have taken photographs or videos together or of each other which may be in their mobile phones or laptops or in social media accounts which might not have been deleted yet. Both the parties have agreed that they shall delete all the photographs and videos of each other either single or joint and shall not use these photographs or share them public places or in derogatory manner against the consent and approval of the other party and shall destroy the same, if required. E. That the parties further undertake not misuse any personal identification details of the other party, such as Aadhaar number, PAN, passport details, bank account details, passwords or other sensitive personal data, and shall not share such details with any third persons. F. That nothing contained in this agreement shall prejudice or affect any legal rights of either party, nor shall it extend to or cover any fresh and independent cause of action that may arise after the date of this Agreement. F. That nothing contained in this agreement shall prejudice or affect any legal rights of either party, nor shall it extend to or cover any fresh and independent cause of action that may arise after the date of this Agreement. G. That, the Petitioner-Husband has handed over Demand Draft No. 469789 dated 08.05.2026 drawn on State Bank of India for Rs.4,00,000/- (Rupees Four Lakh only) in the name of Ms. Namita Dewal, the Respondent-Wife. It has been agreed that he will hand over the rest of the amount of Rs.20,00,000/- (Rs. Twenty Lakhs only) to Respondent-wife by way of a Demand Draft whenever their Application as mentioned in sub-para (B) above is listed before this Hon’ble Court.” 7. By signing this Agreement: “a. both the parties have also agreed that neither of them shall initiate any further legal proceedings, complaint, or action against each other or against the family members of the other in respect of their matrimonial dispute in future. b. subject to the aforesaid terms, both the parties have amicably resolved all disputes arising out of their marriage and state that they have no further claims of any nature whatsoever against each other or against their respective family members. c. Both the parties solemnly state and affirm that they have no further claims or demands against each other, including but not limited to claims relating to maintenance, alimony, stridhan, or any movable or immovable property, and that all disputes and differences between them have been amicably settled through the process of mediation. d. both the parties undertake to abide by the terms and conditions set out in the present Settlement Agreement, which has been arrived at out of their own free will and volition, without any coercion, duress, undue influence, or collusion, and the parties further undertake not to raise any dispute whatsoever in relation to the subject matter of this settlement in future.” 8. It is also stated in the Joint Application that the following cases are pending between the parties: “a. Family Main Case No. 86/2025 “Dr. Mayank Charan Vs Namita” under section 13 HMA pending before ADJ, Jaitaran Taluka Court, District Beawer, Rajasthan; b. S.B. Criminal Misc. Pet. No. 2888/2025 titled as “Mayank Charan Vs. It is also stated in the Joint Application that the following cases are pending between the parties: “a. Family Main Case No. 86/2025 “Dr. Mayank Charan Vs Namita” under section 13 HMA pending before ADJ, Jaitaran Taluka Court, District Beawer, Rajasthan; b. S.B. Criminal Misc. Pet. No. 2888/2025 titled as “Mayank Charan Vs. State of Rajasthan” pending before High Court for Rajasthan, Jodhpur; c. Civil Suit No. 301/2024 “Narpat Singh Vs Jagdish Deval & Ors.” 5-ADJ No.4, Jodhpur Metro, Rajasthan, pending before ADJ No.4, Jodhpur Metro, Rajasthan, filed by Narpat Singh i.e. father of Husband-Mayank; d. Cr. Reg. Case No. 915/2023 “State Vs. Mayank” arising out of FIR No. 0121/2023, P.S. Jaitaran District Pali, Rajasthan pending before ACJM, Jaitaran Taluka Court, District Beawer, Rajasthan; e. Family Main Case No. 15/2026 “Namita Vs. Mayank” under Section 9 HMA pending before ADJ-Bar Taluka, District Beawer, Rajasthan; f. Cr. Misc. Case No. 277/2023 “Namita Vs. Dr. Mayank” under section 125 Cr.P.C. pending before ACJM, Jaitaran Taluka Court, District Beawer, Rajasthan; g. Cr. Misc. Case No. 278/2023 “Namita Vs. Dr. Mayank” under section 125(3) Cr.P.C. pending before ACJM, Jaitaran Taluka Court, District Beawer, Rajasthan.” 9. Having considered the matter in detail and having perused the Settlement Agreement, we are of the view that this is a fit case for exercising power under Article 142 of the Constitution of India to dissolve the marriage between the parties. Consequently, the marriage between the parties which was solemnized on 28.04.2015 at Village Basni Dadhwadiyan, District Pali (Now District Beawer), Rajasthan stands dissolved by a decree of divorce by mutual consent. 10. In view of the Settlement Agreement entered into between the parties, we direct that; “a. Family Main Case No. 86/2025 “Dr. Mayank Charan Vs Namita” under section 13 HMA pending before ADJ, Jaitaran Taluka Court, District Beawer, Rajasthan stands disposed of/closed. b. S.B. Criminal Misc. Pet. No. 2888/2025 titled as “Mayank Charan Vs. State of Rajasthan” pending before High Court for Rajasthan, Jodhpur stands disposed of/closed. c. Civil Suit No. 301/2024 “Narpat Singh Vs Jagdish Deval & Ors.” 5-ADJ No.4, Jodhpur Metro, Rajasthan, pending before ADJ No.4, Jodhpur Metro, Rajasthan filed by Narpat Singh i.e. Father of Husband-Mayank stands disposed of/closed. d. Cr. Reg. Case No. 915/2023 “State Vs. Mayank” arising out of FIR No. 0121/2023, P.S. Jaitaran District Pali, Rajasthan pending before ACJM, Jaitaran Taluka Court, District Beawer, Rajasthan stands disposed of/quashed. d. Cr. Reg. Case No. 915/2023 “State Vs. Mayank” arising out of FIR No. 0121/2023, P.S. Jaitaran District Pali, Rajasthan pending before ACJM, Jaitaran Taluka Court, District Beawer, Rajasthan stands disposed of/quashed. e. Family Main Case No. 15/2026 “Namita Vs. Mayank” under Section 9 HMA pending before ADJ-Bar Taluka, District Beawer, Rajasthan stands disposed of/closed. f. Cr. Misc. Case No. 277/2023 “Namita Vs. Dr. Mayank” under section 125 Cr.P.C. pending before ACJM, Jaitaran Taluka Court, District Beawer, Rajasthan stands disposed of/closed. g. Cr. Misc. Case No. 278/2023 “Namita Vs. Dr. Mayank” under section 125(3) Cr.P.C. pending before ACJM, Jaitaran Taluka Court, District Beawer, Rajasthan stands disposed of/quashed.” 11. Learned counsel for the appellant has handed over a Demand Draft of Rs.20,00,000/- (Rupees Twenty Lakhs Only) which has been acknowledged by the respondent-wife. The parties are also present physically before this Court and state that they have entered into the memorandum of settlement. 12. Copy of this order shall be sent to the respective Courts as mentioned in paragraph no.10 for follow up action. 13. In view of the above, the appeal and the Joint Application being IA No. 157625/2026 are disposed of. The Registry will draw a decree in the aforesaid terms. 14. It is further directed that the parties shall abide by the terms of this settlement implicitly. 15. Pending applications(s), if any, are disposed of.