RITIKA KUMARI VS. SAWANT GUPTA

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Transfer Petition(Civil) No.690/2025

RITIKA KUMARI Petitioner(s)

VERSUS

SAWANT GUPTA Respondent(s)

O R D E R

1. We are informed by the learned counsel appearing for the

parties that their clients have been able to resolve the

dispute.

2. The Settlement Agreement dated 9-3-2026 has been reduced

into writing duly signed by the parties and their witnesses.

3. The terms of the Settlement read thus:-

“SETTLEMENT AGREEMENT

This Settlement Agreement (‘Agreement’) is made and executed at

Chapra, District Saran, Bihar on this 19th of March, 2026

BETWEEN

a. Ms. RITIKA KUMARI, (wife of Mr. Sawant Kumar) D/o Sh.

Jitendar Kumar, R/o L.N.B High School, Das Bhawan Mohan Nagar

Ward no. 33 Chapra Saran Bihar,

Herein after referred to as "First Party", which expression

means and includes the legal heirs, delegates, representatives

etc. of the First party.

AND

a. Mr. SAWANT GUPTA, S/O SH OM PRAKASH GUPTA, R/O 213-A WP Block

Pitampura Delhi. (Husband of the First party)

b. Mrs. SUDHA GUPTA, W/O SH OM PRAKASH GUPTA, R/O 213-A WP Block

Pitampura Delhi. (Mother-in-Law of the First party)

c. Mr. OM PRAKASH GUPTA, S/O LATE SHRI SUKHDEO PRASAD BIMAL, R/O

213-A WP Block Pitampura Delhi (Father-in-Law of the First party)

Hereinafter collectively referred to as "Second Party", which

expression means and includes the legal heirs, delegates,

representatives etc. of the Second party;

That with the intervention of friends and relatives the parties have

agreed to settle their dispute and enter into the present memorandum

of settlement. The parties have agreed to end their dispute and

settle once for all. The parties have agreed to withdraw all cases

against each other and not file any fresh cases against each other.

The parties have agreed to include the below mentioned cases for

settlement.

a. Transfer Petition (Civil) no. 690/ 2025 Before Hon’ble Supreme

Court of India

b. Divorce Petition no. 3277/2024 Under Section 13 of the Hindu

Marriage Act before Sh. Umed Singh, Principal District Judge,

North West, Delhi.

c. Maintenance petition No. MNT/48/2025 Under Section 144 Bhartiya

Nagarik Suraksha Sanhita (BNSS). 2023. Pending before Sh.

Deepak Kuar, Principal Judge, Family Court, Saran at Chapra

Bihar.

d. FIR no. 5123074250004 dated 17.01.2025, P.S Mahila Thana

District Saran U/s 85, 3(5) of B.N.S S Act, 2023 & 3 & 4 of

Dowry Prohibition Act, 1962.

1) WHEREAS the party namely Mrs. Ritika Kumari (Wife) and Mr. Sawant

Gupta (Husband) were married as per Hindu rites and customs on

13.12.2023 at Palm Green Hotel, Main GT Karnal Road, Delhi and no

children were born out of this wedlock. Both the parties resided

together as husband and wife till June, 2024 and thereafter

disputes and differences had arisen between the parties hereto and

they started to live separately since then onwards.

2) WHEREAS the parties decided to settle the disputes amicably among

themselves assisted by the common friends and relatives. Except as

otherwise provided in this agreement, the purpose of this

agreement is to record the full and final settlement terms between

the parties.

3) WHEREAS the parties namely Ritika Kumari (Wife) and Sawant Gupta

(Husband) confirm and declare that they have voluntarily and of

their own free will have decided not to live together as husband

and wife and have further decided to obtain decree of divorce by

mutual consent and have arrived at this settlement in presence of

the family, relatives and well-wishers.

4) WHEREAS the disputes arose between husband and wife whereby

following cases were filed as mentioned above i.e. (i) FIR u/s 85

BNSS Act, (ii) Divorce petition u/s 13 of HMA Act, (iii)

maintenance petition u/s 144 of BNSS Act, & (iv) Transfer Petition

u/s 25 of CPC.

The parties have agreed to settle their entire dispute on the

following terms and conditions.

A. It is agreed between the parties that all the jewellery/other

articles belonging to the First Party or given by the parents of

the First Party to the First Party or Second Party presently in

possession of the Second Party and certain jewellery articles

belonging to Mrs. Sudha Gupta (mother in law of First Party),

which are presently in the possession of the First Party, have

been mutually identified and verified by the parties prior to the

execution of the present Settlement Agreement and which is to be

returned handed back to each to respective parties. The parties

hereby confirm that they have already seen and satisfied

themselves with respect to the articles detailed in Annexure-A,

which forms an integral part of this Settlement Agreement. It is

further agreed that Annexure-A contains the complete and final

list of jewellery/other articles belonging to the First Party as

well as the jewellery articles belonging to Mrs. Sudha Gupta

(mother in law of First Party), which shall be exchanged between

the parties and thereafter the parties acknowledge that no other

jewellery or valuable articles remain outstanding between them

forming part of the settlement agreement.

B. The parties further agree that the articles mentioned in Annexure-

A shall be handed over/exchanged between the parties at the time

of signing and execution of the present Settlement Agreement in

accordance with the said list. Upon such handing over/exchange of

the articles, neither party shall have any further claim

whatsoever against the other with respect of any jewellery, gifts

or other valuable articles arising out of the marriage. Upon

signing and execution of the present Settlement Agreement, the

terms of this present Agreement shall be final, binding and

irrevocable, and neither party shall have the right to resile

from, withdraw from, or dispute the terms of this Settlement

Agreement.

C. It is further agreed between the parties that Mr. Sawant Gupta

shall pay to Ms. Ritika Kumari a sum of Rs.23,50,000/- (Rupees

Twenty-three lakh and Fifty Thousand Only) as full and final one-

time settlement of claims, past/present & future, permanent

alimony, litigation expenses or any other claim of whatsoever. It

is agreed that a sum of Rs. 23,50,000/- shall be paid at the time

of recording of statement in Second Motion Divorce Petition and/or

at the time of granting of Divorce Decree by way of demand draft.

D. That Mrs. Ritika Kumari (Wife) after receiving the jewellery as

per Annexure-A and after receiving the amount of Rs 23,50,000/-

(Rupees Twenty-three lakh and Fifty Thousand Only) will be

deemed to have settled all her claims, entitlements,

istridhan/jewellery, maintenance towards past/present & future,

permanent alimony, litigation expenses or any other claim of

whatsoever nature accruing from this marriage in favour of the

Husband.

E. That it is agreed between the parties that Ritika Kumari (Wife)

and Sawant Gupta (Husband) shall jointly move an appropriate

application before the Hon’ble Supreme Court of India invoking

its inherent power under Article 142 of the Constitution of

India, seeking quashing of the aforesaid FIR, disposal of the

pending maintenance proceedings and grant of decree of divorce

in terms of the present settlement in the interest and in

furtherance of justice.

F. It has been further agreed between the parties that if for any

reasons all the cases pending between the parties are not

disposed of in terms of Article 142 of the Constitution of

India then the parties will separately withdraw all the pending

cases against each other and both parties will jointly approach

the Ld Family Court, Ld. Principal Judge, Family Court, Saran

at Chapra, Bihar for obtaining a decree of divorce by mutual

consent.

G It is agreed between the parties that all the aforesaid cases (a)

maintenance petition u/s 144 of BNSS Act, (b) Divorce petition u/s 13

of HMA Act shall be withdrawn before recording of statement in Second

Motion Divorce Petition. It is agreed that the divorce petition filed

by Mr. Sawant Gupta pending before the North West Rohini District

Court shall be withdrawn upon filing of the divorce petition on the

ground of mutual consent. It is agreed between the parties that if

for some or other reason the settlement fails, in such circumstances

both the parties are at liberty to restore their cases and pursue the

same in accordance with law.

H. It is agreed between the parties that Mrs. Ritika Kumari (Wife)

shall help Mr. Sawant Gupta (Husband) to get the F.I.R no.

5123074250004 dated 17.01.2025, P.S Mahila Thana District Saran U/s

85, 3(5) of B.N.S S Act, 2023 & 3 & 4 of Dowry Prohibition Act, 1962

quashed from the Hon’ble High Court of Patna Bihar and if required

shall appear before the Hon’ble High Court of Patna Bihar to record

her statement. It is agreed that upon execution of the settlement

agreement, a copy of the settlement agreement shall be provided to

the investigation officer either by wife or by husband in the

aforesaid F.I.R.

I. That the Wife Ritika Kumari will withdraw the Transfer Petition

(Civil) No. 690/2025 filed before this Hon’ble Supreme Court as being

infructuous after the withdrawal of the divorce case before Ld.

Principal Family Court Rohini District Court.

J. That after the execution of this settlement deed the Wife assures

the Husband that she has already taken all her jewellery, expensive

clothes etc. and now there is nothing left with the Husband or his

family members.

K. That no party will file any case Civil/ Criminal against each

other in relation to matrimonial disputes after the execution of this

settlement deed. It is settled between Mr. Sawant Gupta and Mrs.

Ritika Kumari that they have no further claim or demand against each

other of any nature whatsoever and the disputes and the differences

have been settled amicably forever through the process

Mediation/Conciliation. They are ready to take divorce on the grounds

of Mutual Consent Under Section 13B of Hindu Marriage Act 1955.

L. It is agreed between the parties that they shall have no right,

title or interest over the movable or immovable properties of each

other.

M. It is agreed between the parties in case of breach/ violation/

deliberate disobedience the parties breaching the terms shall be

liable to compensate the aggrieved party and the party aggrieved

shall be entitled for revival of all the cases.

N. By signing this agreement, the parties have stated and undertake

that they have no further claims such like maintenance – past or

future and dowry articles. Their disputes and differences in this

regard have been amicably settled forever by them in the presence of

all the parties and mediators out of their free will.

O. The parties undertake to abide by the terms and conditions of the

present settlement agreement and further resolve to implement the

terms and conditions of the settlement agreement in letter and

spirit.

P. It is certified that this agreement has been entered between the

parties voluntarily with their free will and consent without any

force, pressure, coercion and duress from any corner.

Q. That for the convenience of the parties 2 copies of identical

settlement deed will be made with a copy to be provided to each

party.

4. The parties are directed to abide by the terms and conditions

of the settlement without fail.

5. In terms of the said settlement, the respondent – husband has

paid an amount of Rs.23,50,000/- to his wife towards full and final

one-time settlement. She has also received the jewellery as per

Annexure-A of the Settlement Agreement.

6. Interlocutory Application No.93714/2026 seeking dissolution of

marriage between the parties under Article 142 of the Constitution of

India has been filed.

7. In view of the aforesaid, we allow the said application and

accordingly the marriage between the parties stands dissolved in

exercise of our jurisdiction under Article 142 of the Constitution.

8. The Registry shall draw a decree accordingly in terms of the

settlement.

9. The original Agreement of Settlement shall be kept with the

record of the case.

10. All proceedings between the parties, civil and criminal stand

terminated.

11. The Transfer Petition stands disposed of accordingly.

12. Pending application, if any, stand disposed of

…………………………………………J

(J.B. PARDIWALA)

…………………………………………J

(K.VINOD CHANDRAN)

NEW DELHI

31ST JULY, 2026.

ITEM NO.58 COURT NO.6 SECTION XIV

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.690/2025

RITIKA KUMARI Petitioner(s)

VERSUS

SAWANT GUPTA Respondent(s)

(IA No. 93714/2026 - APPLN. UNDER SEC 142 OF THE CONSTITUTION

R/W SEC 13B OF H.M.A., IA No. 23485/2026 - EXEMPTION FROM

FILING O.T. & IA No. 62260/2025 - EXEMPTION FROM FILING O.T.

Date : 31-07-2026 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.B. PARDIWALA

HON'BLE MR. JUSTICE K. VINOD CHANDRAN

For Petitioner(s) :

Mr. Siddhartha Jha, AOR

Mr. Ashish Kumar Bhagat, Adv.

Ms. Princy Chaudhry, Adv.

Mr. Akash Singh, Adv.

Mr. Nikhil Anand, Adv.

For Respondent(s) :

Mr. Shwetank Sailakwal, AOR

Mr. Vineet Kumar, Adv.

Mr. Mayank Suryan, Adv.

Ms. Abhinanda Bhuyan, Adv.

Mr. Alok Mishra, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. The Transfer Petition stands disposed of, in terms of the

signed order.

2. Pending applications, if any, shall stand disposed of

(VISHAL ANAND) (POOJA SHARMA)

DEPUTY REGISTRAR COURT MASTER (NSH)

(Signed Order is placed on the file)