JUDGMENT : HEMANT M. PRACHCHHAK, J. 1. Present appeal is filed under the provision of Section 19 of the Family Courts Act, 1984 by the appellant wife-original plaintiff against the respondent husband challenging the judgment and decree dated 21.9.2023 passed by learned Principal Judge, Family Court, Jamnagar (hereinafter referred to as the "Family Court") in Family Suit No.131 of 2022 filed under Section 7 of the Family Courts Act r/w Sections 2(ii), 2(iv) and 2(ix) of the Muslim Marriage Act. By the impugned judgment and decree, learned Family Court rejected the Family Suit filed by the present appellant for dissolution of marriage. 2. Heard Mr. Makbul Mansuri, learned advocate for the appellant-wife and Mr. Krunal L. Shah, learned advocate for the respondent- husband. 3. It appears from the record that the appellant-wife and respondent-husband both are from muslim community. The appellant-wife went Rajkot to study engineering in Marwadi Education Foundation, where she came in contact with the respondent-husband. Their marriage (Nikah) was solemnized on 30.04.2019 in Junagadh and the same was registered under Registration of Marriage Certificate dated 16.05.2019 being registration No.007MR20190000944. 3.1 Immediately after marriage, the husband deserted the wife and therefore, they decided to stay separately and therefore, wife returned to her parental home at Jamnagar. After separation, the appellant-wife is residing in Jamnagar and respondent husband is residing in Rajkot. 3.2 Thereafter, they both filed complaint before the Mahila Police Station, Rajkot against each other. Then on 24.11.2021, the appellant wife issued notice to the respondent husband seeking divorce by consent, which was replied by the husband on 6.12.2021. 3.3 In view of the aforesaid facts, and more particularly since the respondent husband has neglected and failed to provide maintenance and also failed to perform marital obligation for more than 3 years, the appellant wife was constrained to prefer suit being Family Suit No. 131 of 2022 before learned Family Court, Jamnagar for dissolution of marriage as per provisions of Sections 2(ii), 2(iv) and 2(ix) of the dissolution of the Muslim Marriage Act. 3.4 After hearing both the parties and after evaluating the evidence and after going through the relevant material and documents placed before it, learned Family Court passed judgment and decree dated 21.9.2023 and rejected the suit filed by the wife. 3.5 Being aggrieved and dissatisfied with the impugned judgment and decree passed by learned Family Court, the appellant wife has preferred present appeal. 4. 3.5 Being aggrieved and dissatisfied with the impugned judgment and decree passed by learned Family Court, the appellant wife has preferred present appeal. 4. On 12.07.2024 this Court has passed the following order:- "Though served, nobody appeared. ADMIT. To come-up for final hearing on 25th November, 2024." 5. Today, when the appeal is taken up for hearing, both the learned advocates for the respective parties, who are present before this Court, have submitted that the appellant-wife and the respondent-husband have settled the matrimonial dispute and arrived at an 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 dated 3.3.2025 before this Court. 6. The terms and conditions of the MoU dated 3.3.2025 read as under:- "MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MoU) is made and executed on this day of 3rd March 2025 at Ahmedabad by and between: 1. Mrs. Shamma Jahan wife of Nazeer Siddibhai Pattani; daughter of Mr. Mohmmed Shamim Sheikh aged about 24 years, residing at behind Ashutosh Pump, Near Jam Roadways, Opposite Shreeji Shipping, Bedeshwar, Jamnagar, herein after referred to as "The First Party". 2.. Mr. Nazeer Siddibhai Pattani; Aged about 31 years, residing at Ganesh Society, Rampujadham, Gondal Road, Rajkot 36002, herein after referred to as "The Second Party". 3. It is submitted that "the first party" was pursuing her B. E. Chemical in Marwadi Engineering College, Rajkot and "the second party" was pursuing his B. E. Electrical in same college, "the second party" senior to "the first party" and that is how both of them came into contact with each other. "The first party" married with "the second party" on 30/04/2019 at Junagadh as per their Muslim Rites and Rituals. They do not have any child during their marriage life. 4.. It is submitted that after their marriage, disputes and misunderstandings arose between them and therefore in May 2019 "the first party" left her matrimonial home and after that she started residing with her parents at Jamnagar. Therefore, since May 2019, "the first party" and "the second party" both of them have not resided together with each other and residing separately with each other. 5.. Therefore, since May 2019, "the first party" and "the second party" both of them have not resided together with each other and residing separately with each other. 5.. It is submitted that due to disputes and misunderstandings arose between them "the first party" has filed the Family Suit No. 131 of 2022 against the "second party" before the Ld. Jamnagar Family Court for dissolution of marriage u/s 7 of the Family Act r/w 2(2), (4)(9) of The Muslim Marriage Act. The Ld. Family Court, Jamnagar vide order dated 21/09/2023 at Exh-29 was pleased to dismiss the Family Suit No. 131 of 2022. After that "the first party" has challenged the said order by preferring the First Appeal before this Hon'ble High Court being First Appeal No. 4849 of 2023 and the same is pending for adjudication. 6.. It is submitted that pending first appeal before this Hon'ble High Court an amicable settlement has arrived between both the parties and they have mutually decided to get separated happily with each other without there being any further grievances against each other. Therefore, both of them requested this Hon'ble High Court to allow the present first appeal by executing decree of divorce. 7.. It is submitted that both the parties undertake that they will have to withdraw all proceedings/applications/petitions / complaints filed against each other if any and if it requires than they will mutually give their consent before the competent courts for withdrawal of same. 8.. It is submitted that "the first party" will not claim any rights over any properties or any ancestral properties of "the second party" in future. "The first party" will not further claim any rights, including maintenance, permeant alimony, in future from the "the second party". All other belongings which have been already exchanged shall not be claimed in by either party in future. 9.. It is submitted that both parties undertake not to interfere in each other's lives or initiate any harassment or defamation, directly or indirectly and after getting decree of divorce with consent from this Hon'ble High Court, both the party free to marry with others in future. Any violation of this Memorandum of Understanding will entitle the aggrieved party to seek legal remedies against other party. 10.. It is submitted that the present appeal may be allowed and decree of divorce may accordingly be passed with consent of both the parties. 11.. Any violation of this Memorandum of Understanding will entitle the aggrieved party to seek legal remedies against other party. 10.. It is submitted that the present appeal may be allowed and decree of divorce may accordingly be passed with consent of both the parties. 11.. This agreement represents the final and binding understanding between the parties. No amendments or changes shall be made unless mutually agreed in writing. 12.. This agreement has been executed in the presence of witnesses and shall be filed before the Hon'ble High Court in support of the amicable settlement arrived at between the parties. IN WITNESS WHEREOF, the parties have signed this agreement on the date first mentioned above in the presence of the following witnesses: Signed by First Party: Sd/- Witness Sd/- Signed by Second Party: Sd/- Witness Sd/-" 7. At this juncture, the parties have submitted that in view of the terms and conditions of the MoU, both the sides have exchanged their belonging and there is nothing remained against each other and both the parties free to marry with others in future. 8. 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 four 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. 9. 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. 10. Considering the MoU dated 30.3.2025 filed by both the sides and the submissions made therein, we are of the opinion that present appeal requires to be allowed in terms of the MoU filed by both the sides. We are also aware the settled legal position regarding the law on the subject. 10. Considering the MoU dated 30.3.2025 filed by both the sides and the submissions made therein, we are of the opinion that present appeal requires to be allowed in terms of the MoU filed by both the sides. 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 reported in 2006 (4) SCC 558 , Shilpa Sailesh vs. Varun Sreenivasan reported in 2023 SCC online SC 544, Smt. Roopa Soni vs. Kamal Narayan Swami reported in 2023 6 SCALE 402 , Dr. Nirmal Singh Panesar Vs. Paramjit Kaur Panesar allias Ajinder Kaur Panesal reported in 2023 SCC online SC 1297. 11. Here in the present case, both the parties have amicably settled their matrimonial dispute by entering into the MoU dated 03.03.2025 and also chosen to part with the belonging 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. 12. It is an admitted fact that within short span of the marital relation, the parties have separated and since last more than four years they are living separately from each other. 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. 13. The Hon’ble Apex Court in the case of Amit Kumar Vs. 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. 13. The Hon’ble Apex Court in the case of Amit Kumar Vs. Suman Beniwal reported in 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. 14. 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. 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. 15. Considering the facts and circumstance of the case and on the basis of the MoU, we hereby grant the decree of divorce in view of the amicable settlement arrived at between the parties to the proceedings and the impugned judgment and decree dated 21.9.2023 passed by learned Family Court in Family Suit No.131 of 2022 filed under Section 7 of the Family Courts Act r/w Sections 2(ii), 2(iv) and 2(ix) of the Muslim Marriage Act is hereby quashed and set aside. As there was no mention with regard to permanent alimony in the MoU, we are not passing any order with regard to maintenance / permanent alimony. 16. As there was no mention with regard to permanent alimony in the MoU, we are not passing any order with regard to maintenance / permanent alimony. 16. Accordingly present Appeal is hereby allowed to the extent as herein above mentioned. No order as to cost. Decree be drawn accordingly.