SUPREME COURT OF INDIA
DIVISION BENCH
ISHA JAIN (AGGARWAL)
Vs.
NISHANT JAIN AND OTHERS
( Before : J.K. Maheshwari and Vijay Bishnoi, JJ. )
Transfer Petition (Criminal) No. 999 of 2023
Decided on : 17-09-2025
A. Constitution of India, 1950 — Article 142 — Supreme Court’s inherent powers — Invoking powers for divorce by mutual consent after mediation settlement and agreement to withdraw all cases — Parties having irretrievable breakdown of marriage and living separately for over five years — Court grants decree of divorce by mutual consent and quashes pending criminal cases and FIRs. (Para 2, 5)
B. Family Law — Divorce by Mutual Consent — Parties reached an amicable settlement through mediation, agreeing to dissolve marriage by mutual consent — Settlement includes financial settlement, return of articles, and withdrawal of all pending cases — Court exercises powers under Article 142 to grant decree of divorce, dissolving the marriage. (Para 2, 5)
C. Criminal Procedure Code, 1973 — Complaint cases and FIRs — Withdrawal and Quashing — Following mediation settlement and divorce by mutual consent, all criminal cases and FIRs filed between the parties against each other are treated as disposed of and quashed by the Supreme Court. (Para 3, 5)
D. Mediation and Settlement — Agreement between parties to resolve matrimonial disputes amicably through mediation — Terms of settlement include financial terms, return of property, and mutual consent for divorce — Settlement accepted by the court leading to dissolution of marriage and quashing of criminal proceedings. (Para 1, 2, 5)
ORDER
1. Seeking transfer of Criminal Case No. 13451 of 2021 titled as Nishant Jain vs. Isha Jain & Ors. from the court of ACJM-02, District Court Agra (Uttar Pradesh) to the court of Chief Metropolitan Magistrate, Central District, Tis Hazari Courts, Delhi, the present transfer petition was filed by the petitioner-wife wherein, after issuance of the notice as per order dated 27.02.2025, parties were relegated to take recourse of mediation.
2. In the mediation, they have settled their disputes and entered into a settlement agreement. As consented by both the parties, the following are the terms of settlement:
“5. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:-
A. That the parties have agreed that the Respondent-husband will pay to the Petitionerwife a total sum of Rs. 3,00,000/- (Rupees Three Lakhs Only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever.
B. The Respondent / Husband shall pay an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) to the Petitioner/wife via Demand Draft bearing No. 711951 drawn on IDFC First Bank, at the time of singing of this Settlement Agreement.
C. The Respondent/Husband shall pay to her daughter a sum of Rs. 1,00,000/- (One Lakh) via Demand Draft bearing No. 711950 drawn on IDFC First Bank at the time of signing of the present Settlement Agreement, and her daughter can live freely with her mother, Petitioner/wife with her consent as long as she wants and Respondent/Husband has also agreed to provide financial health to Wife for the purpose of education (after 10+2) and marriage of daughter as and when necessary.
D. The Respondent/ Husband has return all 1 to 63 Articles and Ornaments to the Petitioner /wife as the given list. Original copy of List of Articles is annexed herewith and marked as ANNEXURE 1.
E. It is agreed between the parties that they will move an application jointly before the Hon’ble Supreme Court under Article 142 of 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 20.02.2020 i.e. for the last more than five years and there is irretrievable break down of the marriage.
F. It is further agreed between the parties that if Hon’ble Supreme Court is pleased to allow application filed by both the parties under Article 142 of Constitution of India then both the parties shall withdraw all the cases filed by them. The Respondent – husband will pay to the Petitioner/Wife a total sum of Rs. 3,00,000/- (Rupees Three Lakhs Only) via Demand Draft Bearing No. 711951, 711950 Drawn on IDFC First Bank.
6. That the Petitioner and the Respondent have agreed that none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future.
7. That subject to the aforesaid terms, the parties have resolved all the disputes amicably in relation to the marriage and have been left with no claims against each other or their respective family members.
8. That by signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other including maintenance, or any movable or immovable property and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.
9. The parties undertake to abide by the terms and conditions set out in the above mentioned Settlement Agreement, which have been arrived with free will of the parties without any coercion, duress or collusion and parties undertake not to raise any dispute whatsoever henceforth.”
3. It is stated in paragraph 3 of the Settlement Agreement that number of proceedings were initiated against each other, the details whereof are as under :
“3. Whereas the Parties have filed following cases against each other:-
(i) Criminal Complaint Case No. 13451 of 2021 Under Section 200 Cr.P.C. titled as Nishant Jain Vs lsha Jain & 5 Ors pending in the Court of ACJM-02 District Court, Agra Uttar Pradesh.
(ii) Ct./1584/2021 CNR No. DLCT020064312021 U/s 12 the Protection of Women Domestic Violence Act, 2005, titled as Smt. lsha Jain Vs Nishant Jain & 4 Ors pending in Mahila Court, Central District and the Ex. Crl./42/2024 pending before Tis Hazari Courts and Execution Petition filed by Petitioner /wife.
(iii) MT/200/2021, CNR No. DLCT040008472021 Under Section 125 Cr.P.C. pending in Family Court, Tis Hazari Central District, titled as lsha Jain & Baby Parul @ Kesari Aggarwal Vs Nishant Jain and Execution Petition Ex-CRL/6/2025 before Family Court, Tis Hazari Delhi filed by Petitioner/wife.
(iv) Petitioner/wife has lodged FIR No. 0378/2022, P.S. Kamla Market District Central (Delhi), dated 29.08.2022 Under Section 498A/406/34 IPC.
(v) The Respondent Husband has filed CNR No. DLCT010009502025 bearing Case No. CA/19/2025 in Special Judge in the matter of Nishant Jain and Anr Vs The State of NCT of Delhi.”
4. During hearing, the petitioner was present in-person and the respondent joined virtually. They have been identified by hearing, they their respective counsel and during have acknowledged the terms of the settlement and contended that the amount, as settled, has been paid. It is further contended by them that in view of the settlement, decree of divorce by mutual consent may be granted.
5. Considering the aforesaid, we dispose of the present Transfer Petition with the following directions:
(i) A sum of Rs.3,00,000/- towards full and final settlement of all the claims of the petitioners towards her permanent alimony, Stridhan, maintenance (past, present and future) has been paid by the respondent husband to the petitionerwife.
(ii) In terms of the settlement, the respondent-husband has returned all the 63 items and ornaments to the petitioner-wife as per the List of Stridhan attached to the settlement agreement.
(iii) Criminal cases between the parties filed against each other as mentioned in paragraph 3(i) to 3(v) shall be treated to be disposed of and be consigned to record by the courts concerned and the FIRs shall be treated to be quashed.
(iv) Accepting the terms of the settlement and as consented by the parties, on their request in exercise of our jurisdiction under Article 142 of the Constitution we grant the decree of divorce by mutual consent. Consequently, the marriage between the petitioner wife [Isha Jain] and respondenthusband (Nishant Jain) shall stand dissolved. By an outcome of the dissolution of marriage, the parties set free to lead their lives separately as per their own will. Decree of divorce may be drawn accordingly.
6. Pending applications, if any, shall stand disposed of.