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Shikha v. State of Odisha

Transfer Petition (Criminal) · 2026 INSC 1060Decided 28 Sept 2026
Transfer Petition (Criminal) No. 493 of 2025 with Transfer Petition (Civil) No. 2564 of 2025
Justice B.V. Nagarathna · Justice R. Mahadevan

Background

The wife had sought transfer of a criminal charge-sheet and a domestic-violence case from courts in Cuttack, Odisha to Mumbai, citing hardship, in a marriage that had broken down with the couple living separately since 2022. Multiple criminal and civil proceedings were pending between the parties and their family members. During the proceedings, the Supreme Court facilitated settlement talks between the estranged couple.

Decision Breakdown

The parties ultimately reached an amicable settlement, with the husband paying the agreed permanent alimony in full. Applying its powers under Article 142 of the Constitution and following its own precedents on irretrievable breakdown of marriage (Shilpa Sailesh and Rinku Baheti), the Court granted a decree of divorce by mutual consent, dissolving the marriage solemnised on 04-12-2016. It also quashed all pending civil and criminal cases between the parties and directed that neither side file any fresh cases against the other, disposing of both transfer petitions.

Lesson Learnt

Where a marriage has irretrievably broken down and the parties reach a genuine, voluntary settlement, including on alimony, the Supreme Court can use its Article 142 powers to grant a mutual-consent divorce and close out all related litigation in one stroke, without requiring the usual statutory waiting period.

Official source (sci.gov.in)View Judgment (PDF)

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