![Marriage Dissolved Under Article 142 on Mediated Settlement, All Matrimonial Cases Closed: Supreme Court in Deepak Pradhan v. Madhurima Smriti Tirkey [2026 INSC 1051]](/assets/images/article-criminal.svg)
Quick Answer: A transfer petition over a maintenance case ended in a mediated settlement. Acting on the settlement, the Supreme Court used its power under Article 142 of the Constitution to dissolve the marriage on the ground of irretrievable breakdown, recorded that the agreed Rs. 80 lakh (Rs. 40 lakh to the wife and Rs. 40 lakh to the minor daughter) had already been paid, and closed all civil and criminal matters between the parties arising from the marriage.
In Deepak Pradhan v. Madhurima Smriti Tirkey & Anr. (2026 INSC 1051), the Supreme Court, on the basis of a settlement reached at the Supreme Court Mediation Centre after two failed attempts, dissolved the marriage of the parties under Article 142 of the Constitution of India on the ground of irretrievable breakdown of marriage (paras 2, 4). A Bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran directed that the parties shall have no claim against each other in future and that all pending matrimonial matters, civil and criminal, shall stand closed (para 4).
Status: Transfer petition disposed of; marriage dissolved under Article 142; all pending matters between the parties arising from the matrimony closed (paras 4, 6).
Headnote: Divorce Under Article 142 on Mediated Settlement
Constitution of India – Article 142 – Dissolution of marriage – Irretrievable breakdown of marriage – Transfer petition (criminal) – Maintenance proceedings – Indian Divorce Act, 1869, Section 10(1)(x) – Protection of Women from Domestic Violence Act, 2005, Section 12 – Supreme Court Mediation Centre – Settlement – Closure of pending civil and criminal matters.
Held: (i) Where the parties, after mediation, settle all disputes and jointly seek dissolution of marriage, the Supreme Court may invoke Article 142 and dissolve the marriage on the ground of irretrievable breakdown (paras 2, 4).
(ii) Since divorce was being granted on the ground of irretrievable breakdown, the Court found it unnecessary to extract the alternate mechanism reduced to writing in the settlement (para 4).
(iii) On dissolution, the parties shall have no claim against each other in future, and all matters pending between them arising from the matrimony, both civil and criminal, shall stand closed; the parties are to produce the order before the courts concerned (para 4).
(iv) The Court placed on record its appreciation for the mediator whose efforts led to the settlement after two earlier failed mediations (para 5).
(paras 2–6)
Case Details: Deepak Pradhan v. Madhurima Smriti Tirkey (2026 INSC 1051)
Final Outcome: Transfer petition disposed of; marriage dissolved under Article 142 on the ground of irretrievable breakdown; all pending matrimonial matters, civil and criminal, closed.
Case: Deepak Pradhan v. Madhurima Smriti Tirkey & Anr.
Neutral Citation: 2026 INSC 1051
Case No.: Transfer Petition (Crl.) No. 679 of 2025
Court: Supreme Court of India (Criminal Original Jurisdiction) – Non-Reportable
Date of Decision: 23 September 2026
Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran (order; no named author)
Relevant Acts & Sections: Constitution of India – Article 142; Indian Divorce Act, 1869 – Section 10(1)(x); Protection of Women from Domestic Violence Act, 2005 – Section 12; maintenance under the BNSS
Impugned Order: None – transfer petition under the Court's original jurisdiction seeking transfer of a maintenance application from the Family Court, Thane, Mumbai to the Family Court, Gurugram (para 1)
Source: Supreme Court of India (official website)
Key Holdings of the Supreme Court
- The marriage was dissolved under Article 142 of the Constitution on the ground of irretrievable breakdown, on the basis of the settlement (para 4).
- The settlement provided Rs. 40 lakh to the wife and Rs. 40 lakh to the minor daughter; counsel for both sides submitted that the money had already been transferred (paras 2, 3).
- The parties shall have no claim against each other in future (para 4).
- All matters pending between the parties arising from the matrimony, civil and criminal, stand closed, and either party may produce the order before the courts concerned (para 4).
- The Court recorded its appreciation for the Supreme Court Mediation Centre mediator who brought about the settlement (para 5).
Brief Facts of the Case
The husband filed a transfer petition seeking transfer of the wife's application for maintenance from the Family Court, Thane, Mumbai to the Family Court, Gurugram, Haryana (para 1).
The parties were sent for mediation. Two mediations failed, but the third resulted in a settlement (para 2).
Under the settlement, the parties agreed that there was no possibility of reunion and that they would seek dissolution of marriage by mutual consent. The husband was to pay Rs. 80 lakh in full and final settlement: Rs. 40 lakh towards all the wife's claims, including permanent alimony, stridhan and maintenance, and Rs. 40 lakh towards the upbringing, education and other expenses of their minor daughter. Custody of the daughter was to remain with the wife, with visitation for the husband if the daughter wished to meet him (para 2, settlement clauses 5–7).
The settlement listed the husband's divorce petition under Section 10(1)(x) of the Indian Divorce Act, 1869 pending before the Family Court, Gurugram, and the wife's maintenance petition and an application relating to a petition under Section 12 of the Domestic Violence Act in Thane. The parties had been living separately since 16.04.2013 and agreed to jointly seek divorce under Article 142 and the quashing of the cases against each other (para 2, settlement clauses 8–11).
Issues Before the Supreme Court
- Whether, on the basis of the mediated settlement, the marriage should be dissolved under Article 142 of the Constitution (para 4).
- What should happen to the matters pending between the parties arising from the marriage (para 4).
Court's Findings and Reasoning
Settlement and payment (paras 2–3): The Court noted the terms of the settlement and that the husband would pay Rs. 40 lakh to the wife and Rs. 40 lakh to the minor daughter in the stipulated manner. Counsel for both parties submitted that the money had already been transferred.
Dissolution under Article 142 (para 4): Since it was granting divorce on the ground of irretrievable breakdown of marriage, the Court did not consider it necessary to extract the alternate mechanism in the settlement. On the basis of the settlement, it invoked Article 142 and dissolved the marriage.
Closure of all matters (para 4): The parties shall not have any claim against each other in future, and all matters pending between them arising from the matrimony, civil and criminal, stand closed. Either party shall produce the order before the courts where such matters are pending to facilitate their closure.
Role of mediation (para 5): Counsel for both sides credited the mediator of the Supreme Court Mediation Centre for the settlement, especially as two earlier mediations had failed, and the Court placed its appreciation on record.
Final Outcome and Directions
- Marriage between the petitioner and the respondent-wife dissolved under Article 142 on the ground of irretrievable breakdown (para 4).
- No future claims between the parties (para 4).
- All pending matrimonial matters, civil and criminal, closed; the order to be produced before the courts concerned (para 4).
- Transfer petition disposed of; pending applications rejected (paras 6–7).
Legal Principle Laid Down
Where estranged spouses arrive at a comprehensive settlement during proceedings before it, the Supreme Court may exercise its power under Article 142 to dissolve the marriage on the ground of irretrievable breakdown and to bring all pending civil and criminal matrimonial proceedings between them to a close, so that the parties need not pursue separate proceedings in different courts (para 4).
Precedents Relied Upon
- No precedent is cited in the order.
Important Paragraphs of the Judgment
Verbatim extracts from the judgment. For the full text, refer to the judgment PDF below.
Para 2: "The parties were sent for mediation and though two mediations failed, the third one has resulted in a settlement."
Para 3: "It is submitted by both learned Counsel for the parties that the money has already been transferred."
Para 4: "On the basis of the settlement arrived at, we invoke our powers under Article 142 of the Constitution of India and dissolve the marriage of the petitioner and the respondent on the grounds of irretrievable breakdown of marriage."
Para 4: "Whatever matters are pending between the parties arising from the matrimony, both civil and criminal shall stand closed."
Para 4: "The petitioner or respondent shall produce this order before Courts in which such matters are pending to facilitate the closure of such proceedings."
Practical Impact of the Ruling
- For spouses in long-running litigation: A comprehensive settlement reached through Supreme Court mediation can end the marriage and all connected cases in one order under Article 142.
- For lawyers: Repeated mediation attempts can succeed even after earlier failures; a settlement should list every pending case so that all can be closed together.
- For children of the marriage: A settlement can set aside a separate amount for a minor child's upbringing and education, alongside custody and visitation arrangements.
- For family courts: Pending matters are to be closed on production of the Supreme Court's order.
FAQs on Divorce Under Article 142 in a Transfer Petition
1. What did the Supreme Court decide in Deepak Pradhan v. Madhurima Smriti Tirkey?
It dissolved the marriage under Article 142 of the Constitution on the ground of irretrievable breakdown, on the basis of a mediated settlement, and closed all pending matrimonial matters between the parties (para 4).
2. What was the transfer petition about?
The husband sought transfer of the wife's maintenance application from the Family Court, Thane, Mumbai to the Family Court, Gurugram, Haryana (para 1).
3. What were the financial terms of the settlement?
A total of Rs. 80 lakh: Rs. 40 lakh to the wife towards all her claims and Rs. 40 lakh for the minor daughter's upbringing, education and other expenses. Counsel told the Court the money had already been transferred (paras 2, 3).
4. What happens to the other cases between the parties?
All matters pending between them arising from the marriage, civil and criminal, stand closed, and either party can produce the order before the court concerned (para 4).
5. How was the settlement reached?
Through the Supreme Court Mediation Centre. Two mediations failed, but the third succeeded, and the Court recorded its appreciation for the mediator (paras 2, 5).
Keywords: 2026 INSC 1051, Deepak Pradhan v. Madhurima Smriti Tirkey, Article 142 divorce, irretrievable breakdown of marriage, transfer petition criminal, maintenance transfer Thane Gurugram, Indian Divorce Act Section 10(1)(x), mediated settlement, Supreme Court Mediation Centre, closure of matrimonial cases, Supreme Court non-reportable judgment
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Download Judgment PDF – Deepak Pradhan v. Madhurima Smriti Tirkey
Judgment PDF: 2026 INSC 1051 – Deepak Pradhan v. Madhurima Smriti Tirkey & Anr. (T.P. (Crl.) No. 679 of 2025) – Download Judgment PDF
Source: Supreme Court of India (official website).