ORDER : 1. By way of present Appeal, the appellant-wife has challenged the impugned judgment and ex-parte decree dated 10.12.2021 passed in Family Suit No. 780 of 2018 by the learned Judge, Family Court, Ahmedabad and whereby the learned Judge has allowed the suit and ordered to dissolve the marriage solemnized between the original petitioner-husband and original respondent-wife. 2. The brief facts giving rise to present appeal are that the marriage between present appellant-wife and respondent-husband was solemnized on 03.11.2007 as per Hindu rites and rituals. Thereafter, the appellant and respondent were staying together as husband and wife in USA and India and after some time, matrimonial dispute arose between the appellant and the respondent and, therefore, some time quarrel took place between them. 2.1 In view of aforesaid facts, the respondent-husband had filed Family Suit No. 780 of 2018 for decree of divorce against the appellant-wife under Section 13(1) of the Hindu Marriage Act, 1955 (herein after referred to as the “Act”). The Family Court vide order dated 10.12.2021 allowed the said Family Suit and ordered that marriage solemnized between the husband and wife dissolved on the grounds of cruelty and desertion with effect from the date of decree under Section 13(1)(i-a) of the Act. 2.2 Being aggrieved and dissatisfied with the said judgment and decree dated 10.12.2021 passed in Family Suit No. 780 of 20148 by learned Judge, Family Court, Ahmedabad, the wife has filed present appeal. 3. On 02.01.2024 this Court has passed the following order: “When the matter is taken up for hearing, both the learned advocates have jointly submitted that grievance between both the appellant and defendant is resolved outside the Court and consent terms are deducted in writing in the form of memo of understanding affirmed by both the parties on 02.01.2024 and has submitted that in view of this consent terms, the present First Appeal may be disposed of. Learned advocates have kept the appellant as well as the defendant present, have identified and thereby requested to pass suitable order in the interest of said consent terms in the form of memorandum of understanding. Hence, re-list this matter on 08.01.2024.” 4. On 08.01.2024, this Court has also passed the following order: “When the matter is taken up for hearing, learned advocates have jointly submitted that the matter is resolved between the parties and in lieu of such, Demand Draft of Rs. Hence, re-list this matter on 08.01.2024.” 4. On 08.01.2024, this Court has also passed the following order: “When the matter is taken up for hearing, learned advocates have jointly submitted that the matter is resolved between the parties and in lieu of such, Demand Draft of Rs. 36,00,000/- (Rupees Thirty Six Lakh Only) is requested to be deposited in the Registry. Accordingly, the respondent is permitted to submit the Demand Draft in the Registry till further orders being passed in the present proceedings. Registry is directed to keep intact the Demand Draft till the next date of hearing. Re-list the matter on 11.01.2024.” 5. Heard learned advocate Ms. Amrita Patel for the appellant-wife and learned advocate Mr. Jay Shah for the respondent-husband. 6. It appears from the record that present Appeal is filed by the respondent - wife of Family Suit No. 780 of 2018. The said suit was instituted at the behest of the husband under the provisions of the Hindu Marriage Act. The said suit came to be allowed by the Family Court, Ahmedabad vide judgment and decree dated 10.12.2021 and declared the marriage solemnized between the present appellant and the respondent on 03.11.2007 as annul from the date of 10.12.2021 i.e. from the date of judgment and decree. The appellant-wife has challenged the said order mainly on the ground that the wife was not served the notice/summons in the suit and decree of annulment of the marriage solemnized between the husband and wife on 03.11.2007 under Section 13(1) of the Act was passed without hearing the wife. 7. The appellant has also contended in the present appeal that the Court below has not considered the fact that there is no material produced by the wife to the suit to prove the allegation of cruelty and desertion and therefore the decree passed by Court below is erroneous, illegal, bad in law and therefore, the same deserves to be quashed and set aside. The appellant has contended that the impugned judgment and order of Family Court deserves to be quashed and set aside. 8. On 02.01.2024, the parties were personally present and tendered MOU of settlement. The respective learned advocates identified the parties and they have urged this Court that the parties, while entering into the MOU, have agreed to settle their matrimonial dispute as consensus arrived at between the parties upon intervention of their respective family members. 8. On 02.01.2024, the parties were personally present and tendered MOU of settlement. The respective learned advocates identified the parties and they have urged this Court that the parties, while entering into the MOU, have agreed to settle their matrimonial dispute as consensus arrived at between the parties upon intervention of their respective family members. They have agreed that the decree passed by the Family Court in Family Suit No. 780 of 2018 by order dated 10.12.2021 whereby the Family Court has dissolved the marriage solemnized between them on 03.11.2007 be quashed and set aside with consent and they be further granted decree of divorce with consent as per the MOU. 9. It appears that after the decree was passed by the Family Court and pending hearing of the present first appeal, the appellant and the respondent have settled the matrimonial dispute and arrived at amicable settlement and they have entered into agreement i.e. Memorandum of Understanding (“MOU” for short) on certain terms and conditions mentioned in the MOU. The parties have produced notarized MOU before this Court. 10. The terms and conditions of the MOU reads as under: “1. The marriage between the petitioner and the respondent was solemnized on 03.11.2007 as per the Hindu rites and rituals. 2. The parties have been staying separately since date 15-10-2009. 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 no children from their wedlock and the appellant herein (Wife) also declares that at present she is not pregnant. 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. 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 ex-parte decree dated 10.12.2021 passed in Family Suit No. 780 of 2018 by Principal Judge, Family Court, Ahmedabad 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. 36,00,000/- (Rupees Thirty Six Lakhs Only) towards permanent alimony 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 shall waives all her future right of alimony and maintenance for whatsoever she is entitled to claim. 7. The respondent herein (Husband) would deposit the aforementioned amount of Rs. 36,00,000/- (Rupees Thirty Six Lakhs Only) by way of a Demand Draft No. 018350 in the name of Registrar, High Court of Gujarat dated 30.12.2023 of HDFC Bank with the registry of the Hon’ble High Court of Gujarat. 8. In addition to the above said amount of Rs. 36,00,000/- (Rupees Thirty Six Lakhs Only), the respondent herein (Husnad) agrees to also pay Rs. 2,00,000/- (Rupees Two Lakh Only) towards interim maintenance payable in the case filed at Jaipur Court by the appellant herein (Wife) via net banking at the time of filing consent terms before the Hon’ble High Court of Gujarat. After this payment, the appellant herein (Wife) will not have any further claim of any maintenance amount against the respondent herein (Husband). 9. After this payment, the appellant herein (Wife) will not have any further claim of any maintenance amount against the respondent herein (Husband). 9. 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. 10. Both the parties agree, undertake and assure each other that whatsoever other cases if any have been filed by them against each other would get unconditionally withdrawn/disposed of by them with mutual co-operation including the criminal complaint/application logged by the appellant herein (Wife) under the provision of “The Protection of Women from Domestic Violence Act, 2005” bearing No. 12052 of 2014 (147/2023) at Jaipur is concerned Court of Magistrate. If due to some reason, it is not withdrawn, then it will be considered disposed of on the basis of order/decree of divorce by mutual consent. 11. The appellant herein (Wife) would be entitled to receive the above referred amount of Rs. 36,00,000/- (Rupees Thirty Six Lakhs Only) deposited by the respondent herein (Husband) from the office of this Hon’ble High Court after obtaining decree of divorce by mutual consent (13b) and after withdrawal order of D.V. Case No. 12052/2014 (147/2013) is submitted before the concerned department of this Hon’ble High Court and that the respondent (Husband) shall not raise any objections to the same in any manner. 12. 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. In case any such proceedings are pending, the present Mutual Compromise Deed shall be filed there and the parties would appear and make statement before the said court. 13. In case any such proceedings are pending, the present Mutual Compromise Deed shall be filed there and the parties would appear and make statement before the said court. 13. 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. 14. Both the parties agree, assure and give undertaking to each other that, they will not misuse any password and information belonging to other party having in their possession and knowledge against each other. Moreover both the parties agree, assure and give undertaking to each other that, they will not misuse photographs of either party having in their possession against each other. 15. The name of the appellant as per petition is Kanchan Rajeshkumar Ahuja whereas as per Adhaar Card and marriage certificate it is Kanchan Kriplani. The name of the respondent as per petition is Rajeshkumar Thanwerdas Ahuja whereas as per Aadhar Card and Marriage certificate it is Rajesh Thanwerdas Ahuja. 16. 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.” 11. Therefore, now at this juncture, the appellant has submitted that in view of the in terms and conditions of the MOU, both the sides have exchanged their respective dowry ornaments to each other and there is nothing remained against each other and in addition thereto the respondent - husband has to pay lump sum amount towards the permanent alimony of Rs. 36,00,000/- by way of Demand Draft. The said amount is deposited by the appellant before this Court on 08.01.2024 by way of Demand Draft dated 30.12.2023 bearing No. 018350 and on receipt of the said Demand Draft the appellant is ready and willing to withdraw such proceedings initiated by her from the respective Courts and the same shall be withdrawn by the appellant. 12. The said amount is deposited by the appellant before this Court on 08.01.2024 by way of Demand Draft dated 30.12.2023 bearing No. 018350 and on receipt of the said Demand Draft the appellant is ready and willing to withdraw such proceedings initiated by her from the respective Courts and the same shall be withdrawn by the appellant. 12. In view of the above, the parties i.e. husband and wife have urged before the Court that in view of the settlement arrived at between them, present appeal is to be disposed of as they have mutually agreed and entered into MOU and since last more than fourteen years they are residing separately from each other and more particularly they are not being pressed to continue the present proceedings as agreed. Therefore, the appellant and respondent have mutually agreed that they are not inclined to reunion since their relationship as husband and wife is now irreversible situation and completely irretrievable break-down of marriage relationship and therefore, considering all these facts they have agreed and executed the MOU and sought the decree of divorce with consent as per MOU. Hence in view of this even both the learned advocates representing respective sides have jointly submitted that the specific consent passed because the issue is resolved between parties to the proceedings. Considering the MOU filed by both the sides and the submissions made therein, we are of the opinion that the judgment and decree passed by the Family Court whereby the marriage solemnized between the parties was declared annulled from the date of the order is required to be set aside with consent. We are also aware the settled legal position regarding the law on the subject. We have also perused the recent decisions of the Hon’ble Apex Court in the cases of Naveen Kohli vs. Neelu Kohli, 2006 (4) SCC 558 , Shilpa Sailesh vs. Varun Sreenivasan, 2023 SCC Online SC 544, Smt. Roopa Soni vs. Kamal Narayan Swami, 2023 (6) SCALE 402, Dr. We have also perused the recent decisions of the Hon’ble Apex Court in the cases of Naveen Kohli vs. Neelu Kohli, 2006 (4) SCC 558 , Shilpa Sailesh vs. Varun Sreenivasan, 2023 SCC Online SC 544, Smt. Roopa Soni vs. Kamal Narayan Swami, 2023 (6) SCALE 402, Dr. Nirmal Singh Panesar vs. Paramjit Kaur Panesar alias Ajinder Kaur Panesal, 2023 SCC Online SC 1297 and also the another judgment of Alahabadh High Court in case of ETI Tyagi vs. Prince Tyagi wherein the facts are almost identical to the facts of the present appeal and therefore, for the sake of convenience, we are referring and relying upon the decisions of the Hon’ble Apex Court and the judgment of the Allahabad High Court. 13. Here in the present case, both the parties have amicably settled their matrimonial dispute by entering into the MOU dated 02.01.2024 and also chosen to part with the dowry ornaments remained with each other and handed over to each other and also chosen to depart way in a situation, where the marital relationship had turned completely irretrievable. The parties have also acted upon the terms and conditions mentioned in the MOU and therefore, we are of the view that it is not open for this Court to do judicial scrutiny of the MOU, except on a ground of fraud but here it is not the case of fraud. It is an admitted fact that within short span of the marital relation, the parties have separated and since last more than fourteen years they are living separately from each other. The Family Court has in present case of course has not gone into the legality of the MOU, as it was not executed at the relevant point of time but had rather passed the decree on the ground of cruelty and desertion. The mandate of the statute remains procedural. The substantive rights of two parties to settle the matrimonial conflict by an amicable settlement, in a case where the settlement so arrived, is with free will and without there being any compulsion. The amicable settlement would serve the object of justice. The object of an amicable settlement is to put the dispute at rest the entire controversy recognized by a Court of law in such kind of cases where the MOU remains unquestionable and with free will and the parties act upon it freely. 14. The amicable settlement would serve the object of justice. The object of an amicable settlement is to put the dispute at rest the entire controversy recognized by a Court of law in such kind of cases where the MOU remains unquestionable and with free will and the parties act upon it freely. 14. The Hon’ble Apex Court in the case of Amit Kumar vs. Suman Beniwal, 2021 SCC Online 1270 though observed that the institution of marriage is to be saved by preventing hasty dissolution of marriage, but at the same time once the parties have separated and separation has continued on account of irretrievable break down since last seven years, in such a situation the Apex Court taking the aid of judgment reported in the case of Naveen Kohli (supra) has also find otherwise that once the marital bond between the husband and wife is come to irretrievably break down, then in that circumstance, without litigating further if the parties have come to an amicable settlement and mutually agreed to give up their marital rights and to divorce from the marital relationship, the same is not against the law. 15. The parties before this Court have submitted that they have with their free will and wish accepted the terms and condition mentioned in the MOU and they have mutually agreed to quash and set aside the decree of divorce passed by the Family Court and seek decree of divorce with consent and they have acted upon the said MOU and there is no issue remained out of the said wedlock. Both the parties have parted with their articles which they have received at the time of marriage and now they have no any complaint about anything further. This MOU is without there being any compulsion and looking to the irreparable situation and irretrievable break-down which resulted into the marriage unworkable to allow the proceedings later, such a case would result to defeat the purpose of MOU and distance the parties from the succor of justice. 16. In the peculiar facts and background of this case, we hereby allow this appeal in the terms of MOU. So far as the any adverse observations made by the Family Court against either party is concerned, the same are hereby struck off and the same cannot be come in way of either party. 17. 16. In the peculiar facts and background of this case, we hereby allow this appeal in the terms of MOU. So far as the any adverse observations made by the Family Court against either party is concerned, the same are hereby struck off and the same cannot be come in way of either party. 17. Now, on the basis of the MOU, we are not remitting present appeal to the concerned Family Court and therefore, we hereby grant the decree of divorce on the basis of the amicable settlement arrived at between the parties to the proceedings. 18. Accordingly present Appeal is hereby allowed to the extent as herein above mentioned. No order as to cost. Decree be drawn accordingly. Pending civil applications, if any, shall stand disposed of accordingly. FURTHER ORDER: Learned advocate appearing for the respondent has submitted that as per the conditions stipulated in the MOU, the respondent has deposited the amount of Rs. 36,00,000/- before this Court on 08.01.2024 by way of Demand Draft dated 30.12.2023 bearing No. 018350 drawn on HDFC Bank, Shahibaug, Ahmedabad in the name of Registrar, High Court of Gujarat, Ahmedabad, which is to be handed over to the appellant-wife after due verification and in the prescribed procedure. In addition thereto, as per MOU, the respondent has to pay further amount of Rs. 2,00,000/- over-and-above the amount of Rs. 36,00,000/-. The such amount has already been transferred by the respondent-husband on 02.01.2024 in the name of the appellant-wife through RTGS. The copy of the detailed note and payment summary of the RTGS are placed on record by the learned advocate appearing for the respondent, which is taken on record. The amount which is deposited in the name of Registrar, High Court of Gujarat shall remit in the account of the appellant-wife as per the agreement arrived at between the parties i.e. after production of withdrawal order of domestic violence case. In view of the MOU, the terms and agreements are complied with by the respondent in true and proper spirit. The decree prayed for by both the parties is hereby allowed and decree of divorce is to be drawn accordingly. Registry shall draw decree accordingly.