(J.B. Pardiwala and K. Vinod Chandran, JJ.)
Simhadri Krishna Pravallika __________________________ Petitioner;
v.
Simhadri Krishna Praveen __________________________ Respondent.
Transfer Petition (C) No. 938 of 2025§, decided on October 8, 2026
The Order of the court was delivered by
Order
The marriage solemnized in the year 2010; from which a child was born, was on the verge of disruption. The husband had filed a petition for divorce before the Family Court, Rayagada, Orissa. The wife in the present proceedings sought a transfer of C.P. No. 11 of 2025, pending on the file of the Family Court, Rayagada, Odisha, to the Court of Senior Civil Judge, Sompeta, Srikakulam District, Andhra Pradesh, where she was residing with her parents and her child. We had directed mediation and it has come to fruition saving the marriage.
2. The terms of settlement are hereunder:
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“i) RESUMPTION OF COHABITATION & RESIDENCE
Both parties have mutually decided to forgive their past differences and agreed to reside together to start a fresh marital life along with their 14 year-old son. The First Party (Wife) shall join the Second Party (Husband) at the matrimonial home at Rayagada, Odisha. The Second Party (Husband) has agreed to renovate the first floor of the residential house at Rayagada by providing separate entrance to the first floor by constructing staircase etc.
ii) RETURN OF JEWELLERY AND VALUABLES
The Second Party (Husband) have returned all the gold jewellery ornaments adorned to the Wife at the time of marriage to her complete satisfaction. The First Party (Wife) acknowledged receipt of all such items and confirms that no further claims remain regarding her jewellery against the Second Party or his family.
iii) CUSTODY & EDUCATION OF MINOR SON (MASTER VAIBHAV)
It is agreed between the parties that their minor son, Master Vaibhav, shall be allowed to complete at (Palasa/Sompeta, Srikakulam District, Andhra Pradesh,) the duration of his schooling until the completion of his 10th Standard Board Examinations. Post completion of the minor son’s 10th Standard Board Exams, both parties mutually agreed upon to decide the future education and residential arrangements for the child.
iv. WITHDRAWAL/CLOSURE OF PENDING CASES
In view of this settlement, the Second Party (Husband) agreed to withdraw CP No. 11 of 2025 pending before the Family Court, Rayagada, Odisha and this Hon’ble Court may be pleased to pass an order to close C.P. No. 11 of 2025 pending on the file of the Family Court, Rayagada, Odisha.
That both the parties agreed jointly to submit/place this Memorandum of Settlement before the Hon’ble Supreme Court of India in Transfer Petition (Civil) No. 938 of 2025 for appropriate orders/disposal of the proceedings in terms of this Memorandum of Settlement.
v. GENERAL UNDERTAKINGS
i. Neither party shall initiate any further civil or criminal proceedings against each other.
ii. That the First Party agreed that she will not object or interfere with the Second Party in his maintaining relations with his parents.”
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3. CP No. 11/2025 titled as “Simhadri Krishna Praveen v. Simhadri Krishna Pravallika” filed under Section 9 of the Hindu Marriage Act, 1955, pending before the Family Court Rayagada at Orissa shall stand closed.
4. Any civil or criminal proceedings pending against the parties as initiated by the other shall stand closed. We only have a reservation about the undertaking at clause v(i), wherein parties agreed not to initiate any further civil or criminal proceedings against each other; which we cannot concur to. Though we hope for a bright future for the marriage, none can predict what happens in the future. Hence, we delete that undertaking but on all other counts record the settlement between the parties as binding on both of them.
5. The petition shall stand disposed of on the above observations.
6. Pending application(s), if any, shall stand rejected.
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§ 2026 INSC 1108
