ORDER : J.B. PARDIWALA, J. On 24th November, 2017, the following order was passed; “1. Pursuant to the order passed by this Court dated 21st November 2017, the original accused No. 1 Sarfaraz Suleman Gorji (husband) is personally present in the Court today along with the applicant No. 1 Ismailbhai Mohammadbhai Gorji. The husband appears to be quite reluctant for the purpose of reconciliation. He has his own tale of woes to narrate. He has many complaints against his wife. I tried to explain him that he should reconcile at least in the interest of their sixteen months old baby. It was quite disturbing to note that the applicant No. 1, although an elderly person aged 77, instead of making all the possible attempts for a happy reunion, yet seems to be very obstinate and is instigating the husband otherwise. I have made myself very clear that the interest of one and all lies only if the matter is settled amicably. Otherwise, the law will take its own course. The husband requested the Court to grant him a week's time so that he can speak to the elders and revert to this Court with an appropriate reply. 2. Post this matter on 1st December 2017 on top of the Board. On 1st December 2017, the applicant No. 1 and Sarfaraz Suleman Gorji shall personally remain present before this Court once again. The respondent No. 2 shall also personally remain present before this Court along with her mother on 1st December 2017. 3. Mr. Jasani, the learned counsel appearing for the applicants is requested to see that there is an amicable settlement. The wife i.e. the respondent No. 2 has assured this Court that she will discharge all her matrimonial obligations and will live at the matrimonial home without creating any trouble. She has assured that she would not create any trouble for the husband. It is now for the husband to take a decision and inform this Court.” 2. The husband, namely, Sarfaraz Suleman Gorji is present in the Court today. The respondent No. 2-Roshanben Sarfarazbhai Gorji-wife is also present in the Court today along with her mother, her father and the unfortunate fifteen months old baby. Roshanben, even as on date, is ready and willing to go back to her matrimonial home and discharge all her marital obligations. She is very much concerned about her fifteen months old baby.
The respondent No. 2-Roshanben Sarfarazbhai Gorji-wife is also present in the Court today along with her mother, her father and the unfortunate fifteen months old baby. Roshanben, even as on date, is ready and willing to go back to her matrimonial home and discharge all her marital obligations. She is very much concerned about her fifteen months old baby. 3. I tried my best to persuade the husband to forgive his wife even if she has committed any mistakes at her matrimonial home, at least, in the interest of the fifteen months old baby. The husband is very much obstinate. At any cost, he doesn't want his wife and the baby to come back. It is very apparent that he has abandoned his wife and fifteen months old baby on the ground of petty disputes, which practically one may find in any house. He has a very unusual complaint against his wife. He has complained of harassment at the end of his wife because his wife very frequently makes demand for Burger and Pizza. According to him, he cannot afford to buy Burger and Pizza. For such reasons, he has decided to abandoned his wife and the fifteen months old baby. The wife has pleaded that although all the allegations levelled by the husband are false and reckless, yet, even if such allegations are believed to be true, she may be pardoned and one opportunity be given to her to get settled at her matrimonial home. 4. I can understand that the husband has no feelings left now for the wife, but it is really very hard for this Court to believe that the husband is not even prepared to see his fifteen months old baby. There is no doubt that the husband has ruined the life of a young girl, aged 22 years, and in the process, has also ruined the life of his fifteen months old baby. The wife and the child will have to now live on their own destiny. The husband made an offer that the marriage be dissolved with consent and he would pay Rs. 5,00,000/- to the wife towards the full and final settlement. The wife has outright rejected this proposal saying that money is not important but the future of the baby is important. Rs. 5,00,000/- would not last long. 5.
The husband made an offer that the marriage be dissolved with consent and he would pay Rs. 5,00,000/- to the wife towards the full and final settlement. The wife has outright rejected this proposal saying that money is not important but the future of the baby is important. Rs. 5,00,000/- would not last long. 5. When this Court asked the learned counsel appearing for the applicants to proceed with the matter on merits, the learned counsel submitted that he may be permitted to withdraw both the petitions with liberty to avail of appropriate legal remedy before the appropriate forum in accordance with law. 6. Both these petitions are disposed of as not pressed. Notice in both the matters stands discharged. The ad-interim orders in both the matters stand vacated. The proceedings shall now go ahead in accordance with law. 7. The wife informs me that her maintenance application bearing No. 149 of 2017 is pending before the Family Court at Bharuch. The Family Court at Bharuch is directed to take up this application for hearing at the earliest and pass an appropriate order in accordance with law.