Gujarat High Court
Dr. Harshkumar Kishorbhai Patel vs Minalben W/O. Dr. Harshkumar ... on 3 November, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/3129/2024 ORDER DATED: 03/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3129 of 2024
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
In R/FIRST APPEAL NO. 3129 of 2024
With
R/FIRST APPEAL NO. 4573 of 2024
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
In R/FIRST APPEAL NO. 4573 of 2024
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DR. HARSHKUMAR KISHORBHAI PATEL
Versus
MINALBEN W/O. DR. HARSHKUMAR KISHORBHAI PATEL AND D/O
LAXMINARAYAN AMRUTLAL PATEL
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Appearance:
MR DHRUV THAKKAR for MR JAYRAJ CHAUHAN(2966) for the Appellant(s)
No. 1
MR AMIT N CHAUDHARY(5599) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 03/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. These two appeals have been preferred against the judgment and order dated 13.06.2024 passed in Family Suit no. 05 of 2022 by learned Principal Judge, Family Court, Palanpur.
2. Essentially, the case is arising out of the matrimonial dispute which pending the appeal was referred to the Mediation Centre attached to this Court under Order Page 1 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025 NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined dated 08.09.2025. Today, when the matter is taken up, learned advocate for both the parties are present before the Court and have submitted a successful conclusion of the Mediation and the Report of the mediator dated 06.10.2025 is also placed on record. According to the Report, the Memorandum of Understanding, mediation is reported to be successful in view of the settlement mentioned in the Memorandum of Understanding.
3. The Court has perused the Memorandum of Understanding which is placed on record and learned advocate for the respective parties, under the instructions, have confirmed that each of the party comply with the terms of the Memorandum of Understanding.
4. At request, it is recorded that in case either of the party does not comply with the terms of the Memorandum of Understanding, parties would be at liberty to make necessary application for reviving the First Appeals.
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NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined
5. The terms and conditions of Memorandum of Understanding are as under :
"(A) Both the parties have agreed that husband Dr. Harshkumar Kishorbhai Patel shall pay Rs.39,00,000/- (Rupees Thirty-nine Lacs Only) towards full and final settlement for the maintenance of wife and daughter- Trisha Patel as per details given under:
Appellant- Husband shall deposit Rs.39,00,000/- (Rupees Thirty-nine Lacs Only) towards the maintenance/alimony for both as mentioned above on or before 10.04.2026 in the High Court of Gujarat by way of account payee cheque in favour of "The Registrar, High Court of Gujarat" at Ahemdabad. The copy of the receipt fo the payment made by the husband shall be handed over to the advocate of the Respondent-wife.
As per Installments given as under:
1) First Installment- Rs.15,00,000/- shall be paid Page 3 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025 NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined on or before 10.12.2025 in the High Court of Gujarat by way of account payee cheque in favour of "The Registrar, High Court of Gujarat' at Ahemdabad.
2) Second Installment- Rs.10,00,000/- shall be paid on or before 10.02.2026 in the High Court of Gujarat by way of account payee cheque in favour of "The Registrar, High Court of Gujarat" at Ahemdabad.
3) Third Installment- Rs.14,00,000/- shall be paid on or before 10.02.2026 in the High Court of Gujarat by way of account payee cheque in favour of "The Registrar, High Court of Gujarat" at Ahemdabad.
Thus, total Rs. 39,00,000/- shall be paid as mentioned above on or before 10.04.2026. (B) After thee amount of Rs.39,00,000/-(Rupees Thirty-Nine Lacs Only) deposited by the Appellant- husband, in the High Court of Gujarat at Ahmedabad, Page 4 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025 NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined the Respondent-wife, in the High court of Gujarat at Ahmedabad, the Respondent-wife will give her consent for allowing two appeals the First Appeal No.3129 of 2024 to quash the judgement dated 13.06.2024 passed by the learend Family Principal Judge, Family Court, Palanpur@Banaskantha dated on 13.06.2024 in Family Suit No.13 of 2020. The Respondent-wife shall withdraw her Execution Application No EXC/R/7 of 2024 for restitution of congaugal rights filed before Hon'ble Family Court, Palanpur@Banaskantha. The Respondent-wife shall withdraw her recovery applications filed at Principal Judge, Family Court, Palanpur, bearing No. CRMA/J/3 of 2025 and CRMA/ J/164 of 2025 pending before the Hon'ble Family Court, Palanpur. The Respondent-wife will give her consent for allowing the First Appeals as mentioned above and withdrawal of Execution/Recovery applications as mentioned above only after Rs.39,00,000/- are deposited in the Hon'ble High Court of Gujarat on or before 10.04.2026. Page 5 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025
NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined (C)There are no disputes about Streedhan. Hence, there will be no dispute about the same and the appellant-husband and respondent wife will not raise any dispute with regard to whatever gold, silver and all other valuables including any Streedhan articles in any courts.
(D) The Respondent-wife will be eligible for withdrawal of Rs.39,00,000/- (Rupees Thirty-nine Lacs Only) only after the order is passed by the Hon'ble High Court of Gujarat of allowing the First Appeals as mentioned above in favour of Appellant-husband on the basis of consent given by Respondent-wife and only after the withdrawals of above mentioned execution application and recovery applications filed by Respondent-wife before the Hon'ble Principal Judge, Family Court, Palanpur. She will produce the certified copies of allowing the First Appeals and certified copies of the order of withdrawal execution application and recovery application as mentioned before the Registry, after this the Respondent-wife will be paid the amount of Page 6 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025 NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined Rs.39,00,000/- (Rupees Thirty-nine Lacs Only) deposited in the Hon'ble High Court by the husband in the First Appeal No.3129 of 2024 and First Appeal No.4573 of 2024.
(E) The Custody of daughter Ms. Trisha Patel shall remain with mother- Minalben Patel. She will take full care and responsibilities for her maintenance and all types of future expenses of her well-being. The Respondent-wife shall not make any kinds of demand for maintenance of daughter Ms. Trisha Patel from the Appellant-husband Dr. Harshkumar Kishorbhai Patel. The Appellant-husband can meet his daughter with her consent ( consent of Trisha Patel). (F) Both the parties have also accepted that they will have no claim whatsoever in future with regard to their movable and immovable properties of their respective family members, in relation to this matrimonial alliance.
(G) The Appellant-husband and Respondent-wife shall Page 7 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025 NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined withdraw all the applications/complaints if any before any court or authority.
(H) The parties agree to withdraw all allegation/application/cases/complaints made by them against each other and their family members, in relation to this matrimonial alliance and they will not press for their respective prayers passed in them. In case of breach of terms both the partyies shall have the liberty to revive/press their respective applications and claims/ orders made in them.
(I) It is agreed that the parties shall not claim any rights under any head or in any form against each other. All the disputes between the parties herein above stands settled by executing this memorandum of agreement and both the parties are bound to follow the terms of this memorandum of agreement strictly. (J) The parties hereby declare that they will abide by terms and conditions set out hereinabove, in this Memorandum of Understanding and co-operate each other to dissolve their marriage. In case of breach of Page 8 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025 NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined above terms by the husband or by the wife, they shall have liberty to revive the cases.
(K) The parties have voluntarily settled all the disputes amicably without any coercion, understood the contents of terms of settlement and have put their signatures on the same.
(L) Both the parties to this proceeding would pray to the Hon'ble Court to pass appropriate orders in terms of the consent terms arrived at between them in the above referred applications.
(M) The terms of the settlement are explained and interpreted in Gujarati to both the parties and then recorded their consent and they have put their signatures voluntarily as a token of having accepted the same before the mediator appointed by the Mediation Centre of the Hon'ble High Court of Gujarat at Ahmedabad on this 06th October day of 2025."
6. Both the appeals, therefore, stands disposed of in terms of the settlement placed on record by way of the Page 9 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025 NEUTRAL CITATION C/FA/3129/2024 ORDER DATED: 03/11/2025 undefined Memorandum of Understanding and decree to be drawn accordingly. Consequently, both the connected Civil Applications, also stands disposed of.
(A.Y. KOGJE, J) (J. L. ODEDRA, J) RIYA VISHWAKARMA Page 10 of 10 Uploaded by RIYA VISHWAKARMA(HC02365) on Thu Nov 06 2025 Downloaded on : Thu Nov 06 22:58:18 IST 2025