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2022 DIGILAW 1495 (GUJ)

Dipak Kashinath Parthe v. Geeta Rameshbhai Varma

2022-10-21

NISHA M.THAKORE, SONIA GOKANI

body2022
ORDER : (Sonia Gokani, J.) 1. The matter has already been admitted on 05.05.2022. Today the consent terms arrived at between the parties, resulting into the dispute to end permanently, have been brought on the record by learned advocate urging that in wake of this, she should be permitted to withdraw this matter. 2. The parties have already taken the divorce in a customary way making it also explicit therein that wherever necessary, parties may choose to opt for the consent decree of a competent court. Considering the nature of the dispute between the parties, instead of relegating them to go for the divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 as both of them are the Hindus, this Court has chosen to exercise that discretion as Order XXIII of the Code of Civil Procedure also provide for recording the compromise between the very parties on the subject matter, other than that of the suit. 3. The terms of their agreement, translated officially by the Department of Translation, are as follow: “Today, on 14/07/2022, Thursday, we, the undersigned, Party of First Part: Geetaben Dipakbhai Porte d/o Rameshbhai Satyanarayan Varma, Age – around 46 years, Occupation – Housewife, Residing at – 202, Asopalav Apartment, beside D.R.M. Office, Danteshwar, Pratapnagar, Vadodara, is called the Party of First Part hereinafter, (which expression shall include herself, her heirs, successors etc.) and Party of Second Part: Dipak Kashinath Porte, Age – around 37, Occupation – Job, Residing at – S-19, Rasuljini Chali, Railway Colony, near F.C.I. Godwn, Alembic Road, Vadodara, is called the Party of Second Part hereinafter, (which expression shall include himself, his heirs, successors etc.) We, the above mentioned parties, execute this deed of divorce and the detail thereof is given below. (1) The marriage of the parties was solemnised on 14/03/2012 as per the Hindu rituals and customs of caste at B-6, Nikunj Apartment, Siddhnath Road, Vadodara. We registered the said marriage in the Office of the Marriage Registrar in Vadodara Municipal Corporation with Sr. No – 02674 on 30/04/2012. Since then the parties had been living together as husband and wife. (2) Some time after the marriage, we had difference of opinions in trivial matters and we became displeased with each other. We registered the said marriage in the Office of the Marriage Registrar in Vadodara Municipal Corporation with Sr. No – 02674 on 30/04/2012. Since then the parties had been living together as husband and wife. (2) Some time after the marriage, we had difference of opinions in trivial matters and we became displeased with each other. As we were different from each other in behaviour and thinking and as there was difference in our ideology, altercations and disputes occurred between us which made our relationship acrimonious. Therefore, we had to live separately from each other. The parties have been living separately from each other for more than 10 years from June – 2012. The family members of the parties made many efforts for the compromise between us, but all of them were unsuccessful. In the present circumstances, as the parties are unable to live together, the parties have voluntarily decided to get separated from each other and executed the present deed of divorce. (3) This deed ends the relationship between the parties as husband and wife. The status of husband and wife is abolished between the parties. Thus, as the marriage of the parties has come to an end and henceforth, the parties shall be free to marry willingly. No parties shall raise objection or dispute thereof in future. (4) As of now, the transaction took place between the parties at the time of marriage has been settled mutually and no transaction of any articles is to be done by any of the parties henceforth. No transaction of any jewelry is pending. (5) During this wedlock, the party of the first part has not given birth to any child or the respondent no.1 is not pregnant through party of the second part and both the parties are separate from each other since June, 2012. (6) As both the parties have ended the marriage life willingly and mutually and the party of the second part has paid lumpsum amount of Rs.1,00,000/- today by cash and amount of Rs.4,00,000/- by Cheque No.254583 dated 14/07/2022 drawn on Central Bank of India, Nizampura Branch, Vadodara (Account No.1250126350), aggregating to Rs. 5,00,000/- (Rupees Five Lakhs only) and the same has been accepted by the party of the first part towards permanent maintenance. Moreover, all the articles and jewelty being stree-dhan have been taken by the party of the first part today. 5,00,000/- (Rupees Five Lakhs only) and the same has been accepted by the party of the first part towards permanent maintenance. Moreover, all the articles and jewelty being stree-dhan have been taken by the party of the first part today. Henceforth, the party of the first part shall not make any claim or demand for any kind of maintenance or immovable property or movable property in future. In addition, the party of the first part has relinquished her all type of permanent rights to be received in future in favour of the party of the second part. As I have received the amount towards maintenance and the articles received to me, I shall not make any claim against the party of the second part and no demand of any amount shall be made. In this manner, the party of the first part shall nto make any complaint, application, claim etc. against the party of the second part in future. (7) The party of the first part made an application for maintenance under Section-125 vide Cr.M.A. No.199/2014 before the Family Court, Vadodara and therein, the Hon’ble Court has passed an order to pay permanent maintenance. Therein, the party of the first part has made an application to make payment of accrued amount of maintenance vide Cr.M.A. No.1221/2021 before the Principal Judge, Family Court, Vadodara. Moreover, the party of the first part has preferred an application before the Hon’ble High Court of Gujarat to enhance the maintenance. Moreover, the Appeal No.1342/2022 preferred by the party of the second part before the Hon’ble High Court of Gujarat, has been settled outside the court and therefore, it is not to be proceeded further. Therefore, we withdraw the said case unconditionally with mutual consent and willingness. (8) Both of us are living separately since June-2012 and have executed the deed of divorce today. As all the relations of husband and wife between us both parties are being terminated, the party of the first part shall not use the address of the party of the second part. (9) We the parties have obtained divorced according to the customs of community and we the parties and our descendants, guardians, heirs shall be liable to accept this agreement even if any changes occur in prevailing laws pertaining to this agreement and any other new Act come in force. (9) We the parties have obtained divorced according to the customs of community and we the parties and our descendants, guardians, heirs shall be liable to accept this agreement even if any changes occur in prevailing laws pertaining to this agreement and any other new Act come in force. Moreover, if requirement arises to any of the parties from both of us to obtain legal decree from the District Court or Family Court in the future, all parties are liable to co-operate without any condition and consideration and also provide necessary documents, photos, other necessary items . They are to put their signatures and shall appear for the court hearing as and when required by the court , until the order of the decree is obtained. (10) Both the parties have executed the divorce deed by writing same draft on separate judicial stamp of Rs.300/- before the witnesses. The same was read by both the parties with sound mind. The above divorce deed has been executed by the parties in presence of the witnesses. The same has been read and understood by both of us the parties and have put our signature sticking our photos in presence of the witnesses in full conscious state, without any threats or pressure, without any lure and influence. The same is and shall be binding to us and all our descendants, guardians and heirs.” 4. In the above terms, marriage solemnized between the parties on 14.03.2012 is dissolved by mutual consent. 5. Let the parties scrupulously follow the consent terms and stipulated time limits. In wake of this, respective parties shall withdraw the cases and follow the terms without any default. Let decree to that effect also be withdrawn. 6. Present appeal stands disposed of. No order as to cost.