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2026 DIGILAW 205 (SC)

Richa Pratik Kulshreshth v. Manjula Pradip Kulshreshth

2026-02-20

AHSANUDDIN AMANULLAH, R.MAHADEVAN

body2026
ORDER Heard learned counsel for the parties. 2. The petitioner and the respondent are present in-person in Court and have been identified by their respective counsel. 3. The present transfer petition has been filed seeking transfer of Cr.M.A. No.875 of 2025, titled “Manjula Pradip Kulshreshth v. Richa Pratik Kulshreshth”, pending before the Court of 4th Additional Civil & Judicial Magistrate First Class, Old High Court Building, Navragpura, Ahmedabad, Gujarat, to the Court of JFMC, Narmadapuram, Madhya Pradesh. 4. Initially, the parties were sent for mediation at their request. 5. Today, we are informed that the parties have arrived at a settlement and have filed IA No. 42388 of 2026 seeking various reliefs. The Settlement Agreement dated 09.01.2026 is a part of the said application. We have also interacted with the parties and they accept that the application has been filed by them jointly and they are agreeable to the terms noted in the said Settlement Agreement. 6. For the purposes of ready reference, the Settlement Agreement dated 09.01.2026 is reproduced hereunder: “SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Petitioner- Ms. Richa Pratik Kulshreshth W/o Pratik Kulshreshth, R/o. Ward No. 13, Kalikanagar, Narmada Puram Madhya Pradesh, (here in after referred to as Petitioner/Wife) and Ms. Manjula Pradip Kulshreshth W/o Pradip Kulshreshth, R/o B- 6/72 Goyal Intercity, Drive in Road Ahmedabad (here in after referred to as Respondent) and Mr. Pratik Kulshreshth S/o Pradip Kulshreshth R/o B-6/72 Goyal Intercity, Drive In Road Ahmedabad, Currently resided at 54 Yamuna, SBI Staff Quarters, Opposite Heera Panna Mall, Oshiwara, Andheri (West), Mumbai – 400102 (here in after referred to as Husband of Petitioner). 1. Whereas the marriage between the petitioner and Respondent/ Husband was solemnized as per Hindu rites and ceremonies on 25.11.2020 at Narmadapuram Hoshangabad, Madhya Pradesh. After marriage parties resided together at Ahmedabad and there is no issue out of this wedlock. 2. Both the parties resided together as husband and wife till 28 April 2024, and thereafter disputes and differences arose between the parties and since then she is staying with her parents at Narmadapuram Hoshangabad, Madhya Pradesh. The Respondent/ Husband has filed Divorce Petition/ RCS HM/174/ 2024 before the Family Court at Narmadapuram, Madhya Pradesh seeking dissolution of marriage. 3. Whereas the Parties have filed following cases against each other:- (i) Husband of Petitioner, has filed Divorce Petition/ RCS HM/174/ 2024 before the Family Court at Narmadapuram, Madhya Pradesh. The Respondent/ Husband has filed Divorce Petition/ RCS HM/174/ 2024 before the Family Court at Narmadapuram, Madhya Pradesh seeking dissolution of marriage. 3. Whereas the Parties have filed following cases against each other:- (i) Husband of Petitioner, has filed Divorce Petition/ RCS HM/174/ 2024 before the Family Court at Narmadapuram, Madhya Pradesh. (ii) Petitioner/wife has filed Complaint No. UNCR/352/2025 pending before JMFC-I, Narmadapuram, Madhya Pradesh. (iii) Respondent has filed a Complaint No. CRMAJ875/2025 under D.V. Act, 2005 pending before CJM, Ahmedabad. (iv) Petitioner/wife has lodged FIR No. 0616/2024 P.S. Hoshangabad, Kotwali, Under Section 498A, 34 of IPC and 3 & 4 of Prevention of Dowry Act, 1961. (v) Petitioner/wife has filed a Maintenance Case No. MJC R/179/2024 Under Section 144(1) BNSS, 2023 pending before Narmadapuram Family Court. (vi) Petitioner/wife has filed a Complaint No. MJCR/657/2025 which is pending before One Stop Centre. 4. Whereas Hon’ble Supreme Court vide Order dated 10.09.2025 in Transfer Petition (Crl) No. 507 of 2025 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 23.09.2025, 15.10.2025, 29.10.2025, 15.11.2025, 29.11.2025, 12.12.2025 (physical and virtual both) and today i.e. 09.01.2026 (physically for signing of the present Settlement Agreement). 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 Husband of Petitioner will pay to the Petitioner-wife a total sum of Rs. 18,00,000/- (Rupees Eighteen 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. 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, within one month from signing of Settlement Agreement as parties are staying separately since 29.04.2024 as there is irretrievable break down of the marriage. C. 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 against each other. C. 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 against each other. The Husband of Petitioner will pay to the Petitioner/ Wife a total sum of Rs. 18,00,000/- (Rupees Eighteen Lakhs Only) via RTGS/NEFT /Online Transfer/DD. AND /OR In case this Hon’ble Court does not grant permission under Article 142 of Constitution of India, both parties have agreed to file mutual divorce Petition before the Competent Court. The husband of the Petitioner will pay amount of Rs. 18,00,000/- (Rupees Eighteen Lakhs Only) in 2 installments is as under:- I. The husband of the Petitioner shall pay first installment an amount of Rs. 3,00,000/- (Rupees Three Lakhs only) in favour of the Petitioner/ wife by way of demand draft bearing No. 180823 at the time of signing of the Settlement Agreement. II. The husband of the Petitioner shall pay second installment an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) in favour of the Petitioner/ wife by way of demand draft at the time of allowing a Joint Application under Article 142 of Constitution of India, Or at the time of recording of the Statement of Second Motion, as the case may be. 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. 10. 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. 10. The contents of this settlement - agreement have been explained to all the parties through their respective counsels and they have understood the same. [RICHA PRATIK KULSHRESHTH] Petitioner [MANJULA PRADIP KULSHRESHTH] Respondent [PRATIK KULSHRESHTH] Husband of the Petitioner [AMARKANT PATEL] Advocate for the Petitioner [VIJAY PAL SHARMA] Advocate for the Respondent [RASHMI BANSAL] Co-Mediator [BALAJI RAMA SWAMI] Co-Mediator [BIPIN KUMAR DUBEY] Advocate / Mediator Supreme Court Mediation Centre Date: 09.01.2026” 7. It was agreed between the parties that the husband of the petitioner (Pratik Kulshreshth) shall pay an amount of Rs. 18,00,000/- (Rupees Eighteen Lakhs) to the petitioner by way of full and final settlement. Out of the said amount; Rs.3,00,000/- (Rupees Three Lakhs) has already been paid to the petitioner and for the balance sum of Rs.15,00,000/- (Rupees Fifteen Lakhs) a demand draft has been brought by the respondent bearing No. 180277, dated 29.01.2026, drawn on State Bank of India, Hoshangabad Branch. The same has been handed over to the petitioner in Court today. 8. In the aforesaid background, we are inclined to allow IA No. 42388 of 2026 in terms of the settlement arrived at between the parties. 9. Accordingly, all inter se cases pending between the parties, details of which has been provided in Paragraph No.3 of the Settlement Agreement, stand quashed. 10. Further, this Court in exercise of its power under Article 142 of the Constitution of India, dissolves the marriage between the petitioner and her husband–Pratik Kulshreshth/son of the respondent, by granting a decree of divorce by mutual consent. 11. Registry is directed to prepare the decree accordingly. 12. The Transfer Petition stands disposed of in the aforementioned terms along with pending application(s), if any.