Facts
The Petitioner-wife filed a transfer petition seeking to transfer Civil Suit No. 58-A/2024 (a divorce proceeding initiated by the Respondent-husband) from the District Court, Sarangarh to the Family Court, Raipur
Source reference: para 1The marriage was solemnized on 10.04.2022
Source reference: Compromise Deed, para 1Following marital discord, the husband sought divorce on grounds of desertion and mental cruelty [Compromise Deed, para 2], while the wife initiated proceedings under the Protection of Women from Domestic Violence Act, 2005, in Raipur
Source reference: Compromise Deed, para 3On 26.02.2026, the High Court referred the matter to its Mediation and Conciliation Centre
Source reference: para 2On 23.03.2026, the parties executed a compromise deed agreeing to resume their marital life and respect one another
Source reference: para 3; Compromise Deed, para 5Issues
1. Whether the matrimonial suit pending before the District Judge, Sarangarh should be transferred to Raipur
Source reference: para 12. Whether the transfer petition can be disposed of based on an amicable settlement reached during court-annexed mediation
Source reference: paras 3, 5Law Applied
The Court applied the principles of alternative dispute resolution (ADR) and the legal validity of mediated settlements in matrimonial litigation.
Source reference: para 5It recognized that where parties voluntarily resolve their disputes through a compromise deed without coercion or undue influence, the Court may dispose of the litigation in terms of such settlement
Source reference: para 5The Court ensured the finality of the mediation process by directing that the terms of the compromise deed remain binding on both parties
Source reference: para 6Reasoning
The Court examined the mediation report and the annexed compromise deed dated 23.03.2026, which indicated a total resolution of the dispute
Source reference: paras 3-4Under the terms of the settlement, the parties agreed to cohabit, and both agreed to withdraw their respective litigations: the wife committed to withdrawing the domestic violence case in Raipur [Compromise Deed, para 6], and the husband committed to withdrawing the divorce suit in Sarangarh [Compromise Deed, para 7].
Source reference: paras 3-4The Court analyzed the voluntariness of the agreement and satisfied itself that the deed was executed without any coercion or undue influence
Source reference: para 5By incorporating the compromise deed into the court record, the Court linked the resolution of the transfer petition directly to the parties' mutual agreement to terminate all underlying litigation
Source reference: para 5Holding
The High Court disposed of the transfer petition in terms of the mediation report and compromise deed dated 23.03.2026
The Court held that the compromise deed shall form an integral part of the judicial record and ordered that both parties remain bound by the terms and conditions contained therein
Source reference: paras 5-6The prayer for transfer was rendered moot by the parties' agreement to withdraw the underlying suits
Source reference: para 5Original Court PDF
TILOCHANI SAHUvsSANT KUMAR SAHU
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