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2024 DIGILAW 2170 (GUJ)

ANJU, W/O SATISH AHUJA, D/O GOPALDAS KODWANI v. SATISH SHRICHAND AHUJA

2024-12-09

BIREN VAISHNAV, MAULIK J.SHELAT

body2024
JUDGMENT : (MAULIK J. SHELAT, J.) 1. ADMIT. Ms.K.J.Brahmbhatt learned advocate waives service of notice of admission on behalf of the defendant no.1. 2. The present appeal is filed under Section 19 of the Family Courts Act by the appellant while challenging the judgement and decree dated 27.12.2018 passed by the Family Court, Court No.3, Vadodara, in Family Suit No.210 of 2014, whereby, the Family Court has dissolved the marriage of plaintiff-husband and defendant-wife and granted the decree of divorce in favour of the plaintiff-husband. 3. The marriage between the parties was solemnized on 28.04.2010 at Surat as per Hindu rituals and out of the wedlock, they were blessed with a daughter viz. Aahna on 03.05.2011. 4. It appears from the impugned judgement that disputes erupted between the parties which eventually resulted into filing of Family Suit No.210 of 2014 by husband seeking dissolution of marriage and praying for divorce decree. 5. During the pendency of the present appeal, an amicable settlement has taken place between the parties and they want divorce by mutual consent. Such consent terms duly executed and signed by parties are taken on record. The terms of mutual consent read as under: 1. The marriage between the petitioner and the respondent was solemnized on 28-04- 2010 at Surat as per the Hindu rites and rituals. 2. The parties have been staying separately since the year 2012. The parties have, thus, been living separately for a period of more than one year and have not been able to live together. All efforts to resolve their disputes and reconciliation have failed and the marriage between the parties has broken down irretrievably. 3. The parties submit that they have one daughter Aahana from their wedlock. The date of birth of daughter Aahana is 3-5- 2011 and her custody is with appellant-wife. Both the parties agree that the custody of daughter Aahana will remain with the appellant herein (wife). 4. The parties have arrived at an amicable settlement and wish to part ways peacefully. Parties have decided to dissolve their marriage by mutual consent by obtaining a decree of divorce under section 13(b) of the Hindu Marriage Act, 1955. 5. Both the parties agree that the custody of daughter Aahana will remain with the appellant herein (wife). 4. The parties have arrived at an amicable settlement and wish to part ways peacefully. Parties have decided to dissolve their marriage by mutual consent by obtaining a decree of divorce under section 13(b) of the Hindu Marriage Act, 1955. 5. Therefore, it is respectfully submitted and requested to this Hon’ble Court that, without entering into the merits of the present appeal, it should be allowed with the consent of both parties, and the Judgment and Decree dated 27-11-2018 passed in Family Suit No. 210 of 2014 by the learned Judge of Family Court No.3 Vadodara be set aside with consent and this Hon’ble Court also be pleased to grant a decree of divorce under section 13(b) of the Hindu Marriage Act, 1955. 6. It is agreed between the parties that the respondent herein (Husband) shall pay Rs.40,00,000/- (Rupees Forty Lacs Only) towards permanent alimony for respondent herein (Wife) and daughter Aahana as consolidated full & final settlement. Both the parties have exchanged their gold ornaments, valuables, clothes, and all other things and nothing remains to be given or taken by/or from each other. After taking the aforesaid amount, the appellant herein (Wife) shall be treated to have amicably settled all her disputes towards past, present and future maintenance, permanent alimony and all other claimed and unclaimed dues etc. and she waives all her future right of alimony and maintenance for whatsoever she is entitled to claim for herself and daughter Aahana. 7. The respondent herein (Husband) has today handed over aforementioned amount of Rs.40,00,000/- (Rupees Forty Lacs Only) by way of two cheques both drawn on ICICI bank, City Light branch, Surat being (1) Cheque No.000253 dated 09-12-2024 for Rs.20,00,000/- (Twenty Lacs Only) and, (2) Cheque No.000254 dated 09-01-2025 for Rs.20,00,000/- (Twenty Lacs Only). The respondent herein (Husband) agrees to see that said two cheques will be honoured on their respective dates. 8. Both the parties agree, assure and give undertaking that, they will not have any right, title and interest in any way over each other’s movable and immovable properties currently belonging to them and whatsoever would be acquired in future and waive all such rights whatsoever they could claim legally in regards to each other’s movable and immovable properties and any other securities. Parties also hereby relieve each other from any past, present and future responsibility of maintenance or alimony towards each other. Parties also hereby takes back and relieve each other from all the allegations made against each other. 9. Both the parties states that one case being Criminal Revision Application No. 1018 of 2018 filed by the appellant herein (wife) is pending before this Hon’ble High Court and the appellant herein (wife) will withdraw the same unconditionally. 10. Both the parties agree, assure and give undertaking to each other that, they will not file any suit, petition, complaint or litigation etc. against each other or against the family members of each other in future and shall withdraw all the complaints, proceedings if filed anywhere before any authority in this regard whenever the same comes to the knowledge of the parties. 11. Moreover, both the parties agree, assure and give undertaking to each other that, they will not harass one another in future by any means or methods, and would not take any such illegal action against one another which would result in undue harassment and loss to any of them and their respective family members. 12. Both the parties agree, assure and give undertaking that they will abide by the terms and conditions laid down in this compromise and ensure that they will not back out and will not breach any of the conditions laid down in the compromise. In case if there is breach of any conditions of the present Memorandum Of Understanding by either of the party, the cases filed before this Hon’ble Court will be revived. And whereas this Mutual Compromise Deed has been executed between the parties with their mutual consent and free will without any pressure, force, coercion or undue influence from any side. Place: Ahmedabad Date:09-12-2024. (Anju w/o Satish Ahuja and d/o Gopaldas Kodwani) (Appellant) Identified by Me. (T. K. Gurnani) Advocate for the Appellant ________________ (Satish Shrichand Ahuja) (Respondent) Identified by Me. ___________ (Varsha J. Brahmbhatt) Advocate for the Respondent” 6. Thus, in view of the aforesaid settlement between the parties, a mature decision has been taken by the husband and wife to get dissolution of their marriage and thereby to get decree of divorce mutually without fighting on merits. 7. ___________ (Varsha J. Brahmbhatt) Advocate for the Respondent” 6. Thus, in view of the aforesaid settlement between the parties, a mature decision has been taken by the husband and wife to get dissolution of their marriage and thereby to get decree of divorce mutually without fighting on merits. 7. We are of the view that considering the peculiar facts and circumstances of the case and as parties have mutually decided to separate as per the compromise terms, impugned judgement and decree stands modified to the extent that the allegation of cruelty which is leveled against the wife as well as the finding so recorded by the Family Court while passing impugned judgement and decree, with consent of parties, are quashed and set aside. It requires to be noted that today, husband and wife are present in the Court who are identified by their respective advocates. 8. In view of the above and since there is a compromise on agreed terms between the parties, we are of the view that the marriage of the appellant and the respondent requires to be dissolved on such mutual terms and thereby they are entitled to have the decree of divorce on mutual terms as agreed by them, as reproduced herein above. 9. Thus, in view of the above, appeal is partly allowed. Impugned judgement and decree stands modified to the aforesaid extent with no order as to costs. The decree of mutual consent divorce be drawn accordingly. 10. It goes without saying that the respondent-husband who is present in the Court has confirmed and has undertaken before this Court that the cheques which are given towards permanent alimony will be honored on their presentation by appellant-wife. 11. In view of the disposal of the main appeal, Civil Application for stay will not survive and hence, the same stands disposed of accordingly.