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2025 DIGILAW 1365 (SC)

Priyanka Malik v. Pankaj Malik

2025-06-19

MANMOHAN, UJJAL BHUYAN

body2025
ORDER : 1. We have heard learned counsel appearing for the parties. The parties are also present in-person. 2. The petitioner-wife has filed the transfer petition seeking transfer of divorce petition FCOP No. 1432 of 2022, titled “Pankaj Malik vs. Smt. Priyanka Malik”, pending before the Family Court at Malkajgiri, Telanagana to the Family Court at Barasat, 24 Parganas (North), West Bengal. 3. In the course of the proceedings, this Court referred the matter to the Supreme Court Mediation Center on 13.12.2024. In the mediation proceedings, parties have arrived at a settlement. The Settlement Agreement dated 09.06.2025 has been placed on record. Thereafter, the parties have filed a joint application under Article 142 of the Constitution of India for dissolution of marriage in terms of the Settlement Agreement dated 09.06.2025. 4. The parties had solemnized their marriage on 01.12.2000. 5. Because of unfortunate circumstances, the marital relationship has broken down. Out of the wedlock, the couple has two daughters, who are presently under the care and custody of the petitioner-wife. 6. In terms of the settlement, the respondent-husband is required to pay a total of Rs.1,25,00,000/- (Rupees One Crore Twenty Five Lakhs) towards full and final settlement of all the present and future claims for maintenance of the daughters. In this regard, respondent has paid Rs. 20,00,000/- (Rupees Twenty Lakhs) each to the petitioner’s daughters, totalling Rs.40,00,000/- (Rupees Forty Lakhs). The balance amount of Rs.85,00,000/- (Rupees Eighty Five Lakhs) has been presented by the respondent to the petitioner in the Court by way of a Demand Draft which has been acknowledged by the petitioner. 7. In view of the settlement dated 09.06.2025, arrived at by and between the parties, the following cases are hereby quashed: “(i) Complaint Case No. 2692 of 2015 Dt: 16.10.2015 Pending before Ld. Judicial Magistrate, 2nd Court' at Barasat, 24 Parganas (N) Priyanka Malik Vs Pankaj Malik (Next Date: 06.11.2025). ii. Misc Case No. 79 of 2016 Dt: 15.02.2016 Priyanka Malik Vs Pankaj Malik Pending before Ld J.M, 2nd Court at Barasat, 24 Parganas (N) (Next Date: 01.09.2025). iii. Misc Case no. 358 of 2016 Dt: 01.12.2015 Priyanka Vs Pankaj Pending before Ld. Additional District Judge, 5th Court' at Barasat, 24 Parganas (N) Priyanka Malik Vs Pankaj Malik. (Next Date: 28.07.2025) iv. Criminal Appeal no. 37 of 2018 Pankaj Vs Priyanka Pending before Ld District Judge at Barasat, 24 Parganas, Bengal, (Next Date 04.06.2024). iii. Misc Case no. 358 of 2016 Dt: 01.12.2015 Priyanka Vs Pankaj Pending before Ld. Additional District Judge, 5th Court' at Barasat, 24 Parganas (N) Priyanka Malik Vs Pankaj Malik. (Next Date: 28.07.2025) iv. Criminal Appeal no. 37 of 2018 Pankaj Vs Priyanka Pending before Ld District Judge at Barasat, 24 Parganas, Bengal, (Next Date 04.06.2024). v. CRR No. 468 of 2018 pending on the file of Hon'ble High Court of Kolkata, West Bengal. vi. CRAN No. 1083 of 2018, pending on the file of Hon'ble High Court of Kolkata, West Bengal. vii. CRAN No. 958 of 2018, pending on the file of Hon'ble High Court of Kolkata, West Bengal. viii. CRAN No. 959 of 2018, pending on the file of Hon'ble High Court of Kolkata, West Bengal. ix. C.C No. 2646 of 2018 State Vs. Priyanka & Another Pending before ld. Metropolitan Magistrate, 13th Court, L. B. Nagar, Ranga District, Hyderabad. (Next date 10.04.2024). x. Case. No. O.P. No. 1733 of 2015 Pankaj Vs. Priyanka (Case filed by Pankaj for custody of two daughters) Pending before Family' Court, L.B Nagar, Ranga Reddy District, Hyderabad. xi. Case No. 251 of 2015 Complaint lodged by Priyanka with Nacharam P.S, Nacharam P.S. case was registered against Pankaj, being FIR No 251 of 2015 U/s. 498-A, 406 IPC dated 17.08.2015 of PS Nacharam, Rachakonda, Telangana State.” 8. In addition to the above, proceedings in FCOP No. 1432 of 2022 titled “Pankaj Malik vs. Smt. Priyanka Malik” pending before the Family Court at Malkajgiri, Telanagana is also quashed. 9. Considering the above, the marriage between the parties is hereby dissolved by invoking our powers under Article 142 of the Constitution of India. The Registry to draw up a decree accordingly. 10. The Settlement Agreement dated 09.06.2025 shall be treated as a part of this Order which shall bind the parties henceforth. 11. We appreciate the fair stand taken by the parties. We also place on record our appreciation of the efforts made by the learned Mediator. 12. The transfer petition is, accordingly, disposed of. 13. The relevant courts/police stations shall mark closure of the cases/proceedings/complaints that are pending/lodged before it, once this order is received. 14. Pending application(s), if any, shall stand disposed of.