ORDER : 1. This appeal is preferred seeking to challenge the judgment and decree dated 30.10.2018 passed by the learned Principal Judge, Dahod in Family Suit No. 44 of 2017, whereby the Court has de-solved the marriage which had been performed on 9th May, 2014 between the parties. 2. After the Court has substantially heard the parties, the parties had expressed their wish to explore the possibility of amicable settlement. Accordingly, they had requested the learned advocates and also learned AGP Ms. Tripathi to make an attempt. It is heartening to note that the consent terms have been arrived at as per the final settlement, which will be required to be reproduced: “CONSENT TERM AS PER THE FULL AND FINAL SETTLEMENT The parties hereto have settled the entire dispute amicably, on certain terms and conditions; that same are reproduced herein: 1. That the appellant-wife herein has preferred the impugned First Appeal with a prayer to quash and set-aside the order and judgment dated 30.10.2018 passed by the learned Principal Judge, Family court, Dahod in Family Suit No. 44 of 2017. That the opponent husband herein had filed said suit; whereby the learned Principal Judge, Family court, Dahod allowed the Family Suit No. 44 of 2017. That being aggrieved by said Judgment and decree dated 30.10.2018 passed by the learned Principal Judge, Family court, Dahod present 2 appellant-wife challenged the same before this Hon’ble Court by way of the First Appeal No. 4878 of 2019. 2. On 09.05.2014 marriage of the present appellant was solemnized with opponent herein and out of the said wedlock, no child had born due to some matrimonial dispute, both are residing separately. 3. That now the matter is settled between both the parties and the opponent-husband herein is ready and willing to pay Rs. 9,00,000/- as full and final permanent alimony of to Rs. 9,0,000/- as full and final permanent alimony of to the Appellant-wife, which is also accepted by the Appellant-wife. That accordingly the appellant-wife is permanently waiving her right for getting maintenance from the opponent-husband and also permanently waives right over property/Properties of the opponent-husband. That appellant-wife is also waiving her right maintenance in future. 4. That Appellant-wife is also filed domestic violence act complaint being criminal complaint no. That accordingly the appellant-wife is permanently waiving her right for getting maintenance from the opponent-husband and also permanently waives right over property/Properties of the opponent-husband. That appellant-wife is also waiving her right maintenance in future. 4. That Appellant-wife is also filed domestic violence act complaint being criminal complaint no. 383 of 2015 before the learned Judicial Magistrate, Sanand, Ahmedabad which the appellant undertakes to withdraw the said complaint, on the day of receiving full and 3 final settlement amount of Rs. 9,0,000/- as full and final permanent alimony of to Rs. 9,00,000/- from the opponent-husband. The parties have amicably understood and declared that will not file any proceeding in future, against each other; under the any provision of the domestic violence act, any provision of the Code of criminal procedure, Indian Penal Code and any provision of the Code of Civil Procedure and also any provision of Hindu Marriage act. 5. That the opponent-husband is ready and willing to pay amount of Rs. 9,00,000/- full and final permanent alimony by Rs. 9,00,000/- as full and final permanent alimony of to way of equal installments. Details of the installments and postdated cheques drawn on ICICI Bank, New C.G. Road Branch, are as under: S. No. Cheques No. Date Amount 1. 391738 06.10.2022 Rs. 1,12,500/- 2. 391739 06.11.2022 Rs. 1,12,500/- 3. 391740 06.12.2022 Rs. 1,12,500/- 4. 391741 06.01.2023 Rs. 1,12,500/- 5. 391742 06.02.2023 Rs. 1,12,500/- 6. 391743 06.03.2023 Rs. 1,12,500/- 7. 391744 06.04.2023 Rs. 1,12,500/- 8. 391745 06.05.2023 Rs. 1,12,500/- TOTAL Rs. 9,00,000/- 6. That if the opponent-Husband fails to make full payment of 9,00,000/- to appellant-wife in that 4 case, aforesaid Rs. 9,00,000/- as full and final permanent alimony of to first appeal no. 4878 of 2019 be decided on merit. 7. That the appellant-wife also waives her right to claim further alimony from the opponent-husband, and also permanent waives her rights maintenance, alimony etc. as per the Para (3) of this consent terms and parties are also agreeable and given consent for dissolution marriage which was solemnized on 09.05.2014 as per the Hindu Rites with the opponent-Husband. 8. We are signs present consent terms full and final settlement without any force, coercion, undue influence or threat from any person.” 3. We have heard learned advocate Mr. Y.J. Patel for the appellant and learned advocate Mr. Kalrav Patel for the respondent. 4. We appreciate the efforts made by learned AGP Ms. 8. We are signs present consent terms full and final settlement without any force, coercion, undue influence or threat from any person.” 3. We have heard learned advocate Mr. Y.J. Patel for the appellant and learned advocate Mr. Kalrav Patel for the respondent. 4. We appreciate the efforts made by learned AGP Ms. Dhwani Tripathi and learned advocates on both the sides. It is based on the long standing disputes that the payment of the permanent alimony be paid by way of cheques and also reflected in the consent terms. The cheque shall be given in the name of Registrar (Judicial), High Court of Gujarat and first cheque is of 6.10.2022. The moment, it is realized that the amount shall be transferred to the account of respondent, which is as follows: SBI, Sanand, Branch Code: 469 Ms. Kinjalben Udesinh Gohil A/c No. 30234509858 IFSC SBIN0000469 Mobile No. 9638884628 5. The periodical disbursement of the amount, as and when the cheques would be deposited in the name of Registrar (Judicial) shall be ensured by the Registry within one week thereafter. 6. It is also to be noted that any single default or dishonour of the cheques will face serious consequences and the Registry shall initiate the criminal prosecution for dishonour of cheque under the Negotiable Instruments Act. 6.1. All allegations made against the respondent in body part of the judgment or even other-wise are not pressed and sought to withdraw in wake of this compromise and the dissolution of the marriage is requested to be kept intact with separate reason on account of the mutual consent of the parties. 7. It is necessary to make a note of the fact that after the decree of dissolution of marriage and while present appeal was preferred, the respondent has already married with another girl who is on a family way. Any direction from this Court, of the parties moving for a divorce by mutual consent, would surely cause further complications and again, that would not be desirable as the same would put them to further jeopardy. Any direction from this Court, of the parties moving for a divorce by mutual consent, would surely cause further complications and again, that would not be desirable as the same would put them to further jeopardy. Parties are already before this Court where dissolution of marriage awarded by the Family Court would continue but not on the ground of cruelty/desertion but, by way of mutual consent and that, in fact, is a better proposition while having a potency of bringing end to all marital disputes and therefore also, no technicalities should come in the way to deny decree of dissolution by mutual consent. Undoubtedly, this appeal is on account of challenge to the decree of divorce by the Court on the grounds/reasonings which received serious challenge from the appellant. At the same time, with the peaceful and due to mutual consent must not remit in the parties to undergo another ordeal of preferring a petition for divorce by mutual consent. This Court therefore, under the circumstances, deem it appropriate to dissolve the marriage striking off all allegations and adverse reasonings. Since the respondent has withdrawn all the allegations made before the Family Court and parties have graciously agreed to move on by letting go the past and lead their respective lives with new dreams and hopes, this appeal is being disposed of with this amicable settlement. 8. It is being clarified that any of the cheques, if is dishonoured and the total amount as agreed before this Court is not paid, the decree of dissolution shall stand resolved. Any default on the part of the respondent in relation to the cheque would also entitle the appellant to make a request for the revival of this petition. 9. All photographs shall be kept with the Registrar (Judicial) in an envelope and the same shall be destroyed in the year 2023 i.e. on 15.05.2023 after the last cheque is realized and with no litigation subsisting between the parties. 10. The Civil Application, which is pending is also disposed of.