Gujarat High Court
Mamta Ranjitkumar Prajapati D/O ... vs Ranjitkumar Prakashchandra Prajapati on 1 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/547/2024 ORDER DATED: 01/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 547 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 547 of 2024
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MAMTA RANJITKUMAR PRAJAPATI D/O SHIVNARAYAN PRAJAPATI
Versus
RANJITKUMAR PRAKASHCHANDRA PRAJAPATI
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Appearance:
MR RISHIN PATEL for HL PATEL ADVOCATES(2034) for the Appellant(s)
No. 1
MR M M SHAIKIH(11314) for the Defendant(s) No. 1
MR UVESH M SHAIKH(11313) 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 : 01/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-wife against judgment and decree dated 09.11.2023 passed by the Judge, Family Court No.2, Ahmedabad in Family Suit No.1121 of 2018. By the said judgment and decree, the Family Court directed dissolution of marriage between the parties on the ground of cruelty and desertion by the appellant-wife.
2. Notice was issued on 13.02.2024 returnable on 07.03.2024. Thereafter, the matter was heard from time to time. Page 1 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 22:37:37 IST 2025
NEUTRAL CITATION C/FA/547/2024 ORDER DATED: 01/09/2025 undefined On 15.07.2025, when the matter was taken up for hearing, learned Advocates for the parties, under instructions of the parties, requested the matter to be referred to mediation. Accordingly, the matter was referred to Mediation Centre attached to this Court.
3. Today, when the matter is taken up for consideration, learned Advocates for the parties report that the mediation is successful and parties have entered into Memorandum of Understanding and have decided to accept the decree of divorce passed by the Family Court vide order dated 09.11.2023 in Family Suit No.1121 of 2018. Learned Advocates invited attention of the Court to the terms /covenants of the MoU, which read as under:-
"A. Both the Husband and wife have decided to accept the Decree of Divorce passed by the Ld. Family Court, Ahmedabad in Family Suit no.1121 of 2018 vide order dated 09.11.2023 which is granted in favour of the respondent-husband.
B. That both the parties have agreed that the appellant-wife has filed Application being CRMA No.1438/2018 under the provisions of D.V. Act and asked reliefs U/Ss.12,18,19,20 & 22 of the said Act and the said proceedings has been disposed of vide order dated 29.04.2025 which is in the knowledge of both the parties.
C. That both the parties have agreed that the appellant-wife has lodged FIR U/Ss.498(A), 323, Page 2 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 22:37:37 IST 2025 NEUTRAL CITATION C/FA/547/2024 ORDER DATED: 01/09/2025 undefined 506(2) & 114 of I.P.C and U/Ss.3 & 7 of Prohibition of Dowry Act in which acquittal was granted to the respondent-husband and his relatives vide order date 26.04.2022 which is in the knowledge of both the parties.
D. That both the parties have agreed that appellant-
wife shall abide to withdraw the Recovery application being CRMA No.1505 of 2025 filed U/s. 144(2) of BNSS pending before the Ld. Family Court, Ahmedabad to recover the maintenance amount i.e. Rs.1,35,000/- due from 14.08.2018 to 14.05.2025 in which the calculation of the said amount found to be incorrect and excessive as agreed by the appellant-wife during mediation proceedings.
E. That the appellant-wife had filed application U/s.125 of CRPC before the Ld. Family Court, Ahmedabad in which the Ld. Family Court was pleased to pass order dated 05.10.2023 for Rs.5,000/- towards maintenance from the date of application i.e. 14.08.2018. In which, both the parties have agreed that as per order of the Ld. Family Court, Ahmedabad, the appellant-wife has confirmed that she has received entire amount of maintenance which comes to Rs.2,90,000/- from the respondent-husband.
F. That the respondent-husband has agreed that he has already deposited Rs.5,00,000/- towards permanent alimony to the appellant-wife as per Page 3 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 22:37:37 IST 2025 NEUTRAL CITATION C/FA/547/2024 ORDER DATED: 01/09/2025 undefined the order dated 09.11.2023 passed by the Ld. Family Court, Ahmedabad in Family Suit no.1121 of 2018 for obtaining decree of divorce. Hence, the appellant-wife shall withdraw the said amount of Rs.5 Lakhs from the Ld. Family Court, Ahmedabad.
G. That in addition to the above-mentioned amount of Rs.Five Lakhs only/- (5,00,000/-) towards permanent alimony, the respondent-husband has further agreed to pay additional amount of Rs.5,21,500/- (Rs.Five lakhs twenty One thousand five hundred only) by means of Demand Draft towards full and final settlement in favour of the Registrar High Court of Gujarat before this Hon'ble Court on the date of hearing and as agreed by both the parties, the said Demand Draft shall be disbursed in favour of the appellant wife after the withdrawal of C.R.M.A No. 1505/2025 filled by the appellant wife for recovery of maintenance amount pending before the Learned Family Court, Ahmedabad. In view of the same, the appellant-wife shall withdraw the First Appeal No.547 of 2024 filed before this Hon'ble Court.
H. That the respondent-husband has also agreed to return back Brass utensils as well as A.C., Washing Machine and Fridge to the appellant- wife.
I. That both the parties have agreed not to interfere Page 4 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 22:37:37 IST 2025 NEUTRAL CITATION C/FA/547/2024 ORDER DATED: 01/09/2025 undefined in the life of each other under any circumstances and the appellant-wife has agreed that she shall not claim any amount and any movable or immovable property from the respondent- husband in future under any head or under pretext whatsoever.
J. Both the parties have agreed that all the disputes between the parties herein above stands settled by executing this agreement and both the parties are bound to follow the terms of settlement strictly.
4. In view of the aforesaid, the appeal stands disposed of in terms of Memorandum of Understanding. Accordingly, judgment and decree dated 09.11.2023 passed by the Judge, Family Court No.2, Ahmedabad in Family Suit No.1121 of 2018 is confirmed in terms of MoU. The parties are directed to abide by terms of MoU.
5. In view of the order passed in the main appeal, Civil Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 5 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 22:37:37 IST 2025