SC Closes Wife's Transfer Plea After Mutual Divorce Settlement Between Parties

By Vivek G. • August 2, 2025

The Supreme Court dismissed a wife's transfer petition after both parties reached a mutual divorce settlement, including property transfer and monthly maintenance.

In the matter of Shashi vs Anil Kumar Sharma [Transfer Petition (Civil) No. 122/2024], the Supreme Court of India has dismissed the wife’s plea to transfer a matrimonial case after both parties arrived at a settlement.

हिंदी में पढ़ें

The petitioner, Shashi, had approached the Apex Court seeking the transfer of her husband’s divorce petition—D.M.C. No. 241 of 2022—pending before the Principal Judge, Family Court, Sonipat (Haryana) to the Family Court at Karkardooma, Shahdara, Delhi.

“The present transfer petition has been filed by the petitioner-wife seeking transfer of the marriage petition initiated at the instance of the respondent-husband,” the order noted.

However, during the pendency of this petition, the Court referred both parties to the Supreme Court Mediation Centre to explore the possibility of a settlement.

On 14 February 2025, the parties signed a Settlement Agreement, which was submitted to the Court. As part of the agreement:

  • The respondent-husband agreed to transfer a residential property (Second Floor, House No.1/4603, Gali No.2-A, Ram Nagar Extension, Mandoli Road, Shahdara, Delhi-110032) in favour of the wife.
  • The said property was transferred on 25 July 2025.
  • The husband also agreed to pay ₹10,000 per month as maintenance to the wife.
  • Both parties agreed to dissolve their marriage by mutual consent, with the first motion already recorded on 28 April 2025 before the Family Court.

“The respondent-husband has agreed to transfer the property... and also agreed to pay maintenance of ₹10,000 per month,” the order confirmed.

Considering that a mutual agreement had been reached and the Family Court is already handling the divorce matter, the petitioner requested to withdraw the transfer petition.

The Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale allowed the withdrawal, noting:

“The transfer petition is, accordingly, dismissed as withdrawn.”

The matter was heard on 29 July 2025, with Mr. Mukul Sharma representing the petitioner, assisted by Ms. Anzu K. Varkey, Mr. Satish Kumar, and Ms. Anushka Thakur.

“The transfer petition is, accordingly, dismissed as withdrawn.” – Supreme Court Bench

Case Title: Shashi vs Anil Kumar Sharma

Case Number: Transfer Petition (Civil) No. 122/2024

Petitioner: Shashi (Wife)

Respondent: Anil Kumar Sharma (Husband)

Hearing Date: 29 July 2025

Recommended