Gujarat High Court
Parth Bharatkumar Thakkar vs Bhavna Parth Thakkar on 14 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/2484/2023 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2484 of 2023
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PARTH BHARATKUMAR THAKKAR
Versus
BHAVNA PARTH THAKKAR
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Appearance:
MR DHRUV R THAKKAR(11280) for the Appellant(s) No. 1
CHINTAN K GANDHI(8600) 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 : 14/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-husband against judgment and decree dated 31.03.2023 passed by the Principal Judge, Family Court, Gandhinagar in Family Suit No.24 of 2020. The said suit was filed for decree of divorce.
2. Notice was issued on 20.06.2023 returnable on 11.07.2023. Thereafter, the matter was heard time to time and by order dated 12.09.2023, it was referred to the Mediation Center attached to this Court.
3. Today, when the matter is taken up for hearing, learned Advocates for both sides jointly submitted that the matter is amicably settled between the parties and settlement terms is executed between the parties. The parties are also present before Page 1 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:30:06 IST 2025 NEUTRAL CITATION C/FA/2484/2023 ORDER DATED: 14/07/2025 undefined the Court and are identified by their respective Advocates.
4. The conditions of the settlement terms read as under:-
"A. The First Appeal No. 2484 of 2023, preferred by the Husband Party No.1 herein, before this Hon'ble Court, challenging the order dated 31.03.2023 passed by the Ld. Principal Judge, Family Court, Gandhinagar in Family Suit no. 24 of 2020 wherein the divorce application was rejected. However, as now the settlement between the parties has arrived, neither of the parties wish to stay together and they are ready to give their consent for divorce so appropriate orders/ decree of granting divorce can be passed. Upon this condition the divorce will be finalized. Both the parties are agreed to the same.
B. It is further stated that, as agreed upon by and between parties, custody of both the child will remain with party no. 2 [i.e. Bhavna Parth Thakkar (Wife)] forever and in future party no.1 shall not raise any objection for the custody in any manner whatsoever.
C. That the party no. 2 hereby waives her right for maintenance against party no.1 fully and party no.1 agrees to pay the amount of Rs, 29,75,000/(in word: Twenty Nine Lacs Seventy Five Thousand only) as permanent alimony to the Party No. 2 - Wife for all future needs of herself (wife) and both the Child namely Jaini and Shorya Page 2 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:30:06 IST 2025 NEUTRAL CITATION C/FA/2484/2023 ORDER DATED: 14/07/2025 undefined for their betterment. From now onwards, the party no. 2 will not claim any maintenance, amount, money from party no1 for her own behalf as well as on behalf of the both the child in any manner under any head. The party 2 hereby waves all rights including maintenance from now onwards and the same shall be the responsibility of the party no. 2 hereinafter. That the total amount of Rs. Rs. 29,75,000/(in word: Twenty Nine Lacs Seventy-Five Thousand only) has been received by party no. 2 (in her IDFC First Bank Account) from party no.1 as under:-
Date Transaction Detail Amount
23.05.2025 UPI Transaction (Digital 1,00,000/-
Payment)
Ref
No.UPI/MOB/105274475957/U
PI
23.05.2025 IMPS Transaction 49,800/-
Transaction ID 514315371151
23.05.2025 - 100/-
23.05.2025 - 100/-
13.07.2025 RTGS BARBH 25194956390 3,25,000/-
14.07.2025 RTGS 25,00,000/-
UTR No.BARBH 25195963534
UTR No.BARBH 25195963502
UTR No.BARBH 25195963565
Total (in words Twenty Nine Lacs Seventy-Five 29,75,000/-
Thousand Only) F. Both the parties are further undertakes on oath that in event of, The Hon'ble High Court, directs the parties to approach the Family Court, Gandhinagar based on settlement then within 30 days from the order/ judgment passed by Hon'ble Gujarat High Court, both the parties will jointly approach Ld. Family Court, Gandhinagar seeking divorce by mutual consent and shall co-operate Page 3 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:30:06 IST 2025 NEUTRAL CITATION C/FA/2484/2023 ORDER DATED: 14/07/2025 undefined each other. both the parties shall attend the proceedings at the family court, Gandhinagar during every adjournment.
E. The party no. 2 further undertakes that on receipt of the aforementioned amount of Rs.
29,75,000/(in words Twenty Nine Lacs Seventy- Five Thousand only) she will not claim any other amount from party no. 1 towards her own maintenance as also maintenance of the children's. The party no. 2 also undertakes that she will not pursue any of the court proceedings either with regard to maintenance and/ or execution application pending before any Court.
F. In case of failure of any permanent alimony amount mentioned in clause C, all agreements of this document shall stand void."
5. In view of the aforesaid amicable settlement arrived at between the parties, no further orders are required to be passed in the present appeal. The parties are directed to approach the concerned Family Court for decree of divorce by mutual consent.
The present appeal stands disposed of accordingly. The parties are directed to abide by settlement terms.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 4 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:30:06 IST 2025