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2026 DAILYLAW 744 (SC)

Nikita Sinha v. Kumar Apurv

2026-05-25

N V Anjaria, Prashant Kumar Mishra

body2026
ORDER 1. During the pendency of the present petition, the parties have amicably settled their marital disputes through the process of mediation, and have filed a joint Interlocutory Application being I.A. No.45494/2026 seeking a decree of divorce by mutual consent by invoking Article-142 of the Constitution of India, in view of the Settlement Agreement dated 05.02.2026, which is annexed to the petition and duly signed by the parties. 2. In the said Settlement Agreement, terms of settlement have been set out. The said Settlement Agreement, dated 05.02.2026, is taken on record and is made a part of the order. 3. In view of the above, since, the marriage between the parties, has been irretrievably broken down, and since, the terms, as agreed in the Settlement Agreement, are stated to have been complied with, we deem it appropriate to invoke our power under Article 142 of the Constitution. It is, therefore, ordered that the marriage between the parties which was solemnized on 07.07.2016 shall stand dissolved by a decree of divorce by mutual consent in terms of the Settlement Agreement dated 05.02.2026. 4. In terms of the settlement, we direct the following complaints/proceedings filed by the parties against each other shall be quashed/ closed namely; (a) Criminal Motion No.122/2025 titled as Kumar Apurv v. State of West Bengal, pending before the Sessions Judge, South 24 Parganas, Alipore, West Bengal, stands closed. (b) Special Case No.01/2023 titled as Kumar Apurv v. State, pending before the Additional Sessions Judge, South Parganas, Alipore, West Bengal, stands closed. (c) Complaint Case No.815/2025 titled as Kumar Apurv v. State & Ors., pending before the Sub-Divisional Judicial Magistrate, Chandil, Saraikela, Jharkhand, stands closed. (d) Complaint Case No.32/2025 titled as Nikita Sinha v. Apurv Verma & Ors., pending before the Sub-Divisional Judicial Magistrate, Chandil, Saraikela, Jharkhand, stands closed. (e) Original Suit (Guardianship) No.7/2024 titled Kumar Apurv v. Nikita Sinha, pending before Principal Judge, Family Court, Saraikela, Jharkhand, stands closed. (f) Execution Case No.209/2025, pending before the 2nd Judicial Magistrate, Alipore, 24 Parganas South, West Bengal, stands closed. 5. The concerned Courts, before which these cases/ complaints/ proceedings are pending, be sent the copy of this order. The parties shall also approach the concerned Courts in that regard. 6. The application, I.A. No.45494/2026, stands allowed in the afore-stated terms and the present petition stands disposed of. 7. Decree of divorce, to the above effect, be drawn accordingly. 8. 5. The concerned Courts, before which these cases/ complaints/ proceedings are pending, be sent the copy of this order. The parties shall also approach the concerned Courts in that regard. 6. The application, I.A. No.45494/2026, stands allowed in the afore-stated terms and the present petition stands disposed of. 7. Decree of divorce, to the above effect, be drawn accordingly. 8. We appreciate the efforts and assistance rendered by Mr. Manoj K. Mishra, learned counsel appearing for the petitioner along with his assisting counsels, namely, Mr. Umesh Dubey and Ms. Madhulika, and Mr. Smarhar Singh, learned counsel appearing for the respondent. Mr. Manoj K. Mishra, learned counsel has not only acted as a counsel but has also facilitated mediation despite the mediation having failed once. Such spirited mediation efforts should be encouraged so that the parties are motivated to settle their disputes to buy peace for the remainder of their lives. 9. Pending application(s), if any, shall stand disposed of.