Gujarat High Court
Patel Prakashkumar Amrutlal vs Hiral Dashratbhai Kahar W/O Patel ... on 25 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/2258/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2258 of 2025
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PATEL PRAKASHKUMAR AMRUTLAL
Versus
HIRAL DASHRATBHAI KAHAR W/O PATEL PRAKASHKUMAR AMRUTLAL
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Appearance:
NEHABEN K PATEL(9700) for the Appellant(s) No. 1
RUCHIKA N KAKKAD(9493) for the Appellant(s) No. 1
MR NAYAN L GUPTA(11798) for the Defendant(s) No. 1
MR SOHIL R GODIA(3909) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 25/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-husband for the following reliefs:-
"A. This Hon'ble Court be pleased to quash and set aside the impugned judgment and decree dated 31.12.2022 passed in the Family Suit No.813 of 2018 by the Learned Principal Judge, Family Court, (Annexure-A collectively) in the interest of justice and further be pleased to remand back the matter to the concerned Ld. Family Court for afresh consideration;
B. This Hon'ble Court may be pleased to further direct the concerned Ld. Family Court for re-trial Page 1 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:44:06 IST 2025 NEUTRAL CITATION C/FA/2258/2025 ORDER DATED: 25/07/2025 undefined from the stage of cross-examination of the appellant by the respondent;"
2. The matter was on board on 14.07.2025, when the Court passed following order:-
"The parties are present before the Court and both learned Advocates for respective parties have indicated for settlement likely to be arrived at between the parties and therefore, to formalize the settlement terms and place the same on record, S.O. to 21-07-2025."
2.1 Thereafter, the matter was adjourned for today, i.e. 25.07.2025.
3. Today, when the matter is taken up for hearing, learned Advocates for the parties jointly submitted that the matter is amicably settled between the parties and Memorandum of Understanding is executed, whereby an amount of Rs.27,50,000/- is agreed to be given by the appellant-husband to the respondent-wife towards permanent alimony and to apply for divorce by mutual consent.
4. Both the parties have confirmed that the steps which are required to be taken by the respective parties so far have been already taken, including handing over of the amount agreed between the parties.
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NEUTRAL CITATION C/FA/2258/2025 ORDER DATED: 25/07/2025 undefined
5. The relevant covenants /terms of MoU are as under:-
"A. Settlement Amount:
The First Party shall pay the Second Party a sum of 27,50,000/- (Rupees Twenty-Seven Lakhs Fifty Thousand only) as full and final settlement and permanent alimony, in the following manner:
₹9,00,000/- (Nine Lakhs Rupees Only) at the time of signing this MOU through Cheque bearing Cheque No. "000147", Bank of Baroda having Account No: 03360100018225;
₹3,08.333/- (Three Lakhs Eight Thousand Three Hundred Thirty-Three Rupees Only) on 25.08.2025.
₹3,08,333/- (Three Lakhs Eight Thousand Three Hundred Thirty-Three Rupees Only) on 25.09.2025.
₹3.08.333/- (Three Lakhs Eight Thousand Three Hundred Thirty-Three Rupees Only) on 25.10.2025.
₹3.08.333/- (Three Lakhs Eight Thousand Three Hundred Thirty-Three Rupees Only) on 25.11.2025.
₹3.08.333/- (Three Lakhs Eight Thousand Three Hundred Thirty-Three Rupees Only) on 25.12.2025.
₹3,08.333/- (Three Lakhs Eight Thousand Three Hundred Thirty-Three Rupees Only) on 25.01.2026 or on the date of final disposal of the divorce petition, whichever is earlier.Page 3 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:44:06 IST 2025
NEUTRAL CITATION C/FA/2258/2025 ORDER DATED: 25/07/2025 undefined B. Withdrawal of Cases:
The Second Party undertakes to withdraw the application filed under Section 125 CrPC and the complaint filed under Section 498A, 323, 504, 506, 114 of IPC and Section 3 and 7 of the Dowry Prohibition Act, 1961, within a reasonable period after receipt of the first installment.
Appropriate affidavits or applications withdrawal/compromise shall be filed before the concerned Courts.
C. Divorce by Mutual Consent:
The parties shall jointly file a petition for Divorce by mutual consent under Section 138 of the Hindu Marriage Act, 1955 before the Family Court at Vadodara within a reasonable time after execution of this MOU.
The First Party and Second Party agrees and undertakes that they shall be present on all dates before the Family Court and shall not in any manner stall the Mutual Divorce proceedings.
Both parties agree to co-operate and remain present before the Family Court and complete the proceedings in good faith.
D. No Further Claims:
The Second Party hereby undertakes that upon receipt of the total alimony amount, she shall not claim any Page 4 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:44:06 IST 2025 NEUTRAL CITATION C/FA/2258/2025 ORDER DATED: 25/07/2025 undefined further maintenance, stridhan, right to residence, or any other claim whatsoever against the First Party.
Both parties declare that there are no pending civil, criminal. or matrimonial claims other than those mentioned above, and in the event any such matter arises, the same shall be deemed withdrawn/settled as per this MOU.
E. Binding Nature:
This MOU shall be binding on both the parties and their respective heirs, successors, and legal representatives.
This MOU is executed voluntarily, without any coercion, undue influence, or misrepresentation by either party.
F. Jurisdiction:
All disputes arising out of or in connection with this MOU shall be subject to the jurisdiction of courts at Vadodara.
The First Party and Second party agrees that breach of any part/portion of any clause shall constitute a material breach of this Settlement Agreement. In such a scenario, this Settlement Agreement shall stand automatically terminated at the behest of any of the Party who breach the contract and another party shall be at liberty to proceed with taking legal recourse available in law."
4. In view of the amicable settlement of the dispute between the parties, no further orders are required to be passed in Page 5 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:44:06 IST 2025 NEUTRAL CITATION C/FA/2258/2025 ORDER DATED: 25/07/2025 undefined this appeal. The appeal stands disposed of in the aforesaid terms. The parties are directed to abide by the terms of settlement.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 6 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Jul 28 2025 Downloaded on : Mon Jul 28 21:44:06 IST 2025