Pancholi Pratikkumar ... vs Rawal Khushboo Gautambhai
2021 Latest Caselaw 10258 Guj

     C/FA/1199/2021                              ORDER DATED: 02/08/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1199 of 2021

                               With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 2 of 2021
                In R/FIRST APPEAL NO. 1199 of 2021
                               With
                 R/FIRST APPEAL NO. 1201 of 2021
                               With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 2 of 2021
                In R/FIRST APPEAL NO. 1201 of 2021
=============================================
                 PANCHOLI PRATIKKUMAR HASMUKHBHAI
                               Versus
                    RAWAL KHUSHBOO GAUTAMBHAI
=============================================
Appearance:
MR. YOGENDRA THAKORE(3975) for the Appellant(s) No. 1
MR JIGAR G GADHAVI(5613) for the Defendant(s) No. 1
=============================================

 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 02/08/2021

                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. Since the issues raised in both the captioned first appeals are inter related and the parties are also the same, those were taken up for final hearing analogously and are being disposed of by this common order.

2. The First Appeal No.1199 of 2021 has been filed by the original defendant (husband) being dissatisfied with the judgment and decree passed by the Principal Judge, Family Court, Mehsana in the Family Suit No.70 of 2018 instituted by the respondent - wife for the restitution of conjugal rights. It appears that the Family Suit No.70 of 2018 instituted by the

C/FA/1199/2021 ORDER DATED: 02/08/2021

wife came to be allowed. The Family Court passed a decree for restitution of conjugal rights.

3. So far as the First Appeal No.1201 of 2021 is concerned, the same has been filed by the husband (original defendant) being dissatisfied with the judgment and decree passed by the Family Court, Mehsana dismissing the Family Suit No.123 of 2019 instituted by the husband seeking divorce on the grounds of cruelty.

4. We have heard Mr. Yogendra Thakore, the learned counsel appearing for the husband in both the appeals and Mr. Jigar Gadhavi, the learned counsel appearing for the wife in both the appeals.

5. We are informed that the parties have arrived to an amicable settlement. The settlement has been reduced into writing duly signed by the parties and notarized. The two learned counsel have also put their signatures on the compromise deed. The compromise deed is ordered to be taken on record. It appears that the parties have decided to dissolve the marriage on the terms and conditions as recorded in the settlement deed. The terms of the settlement deed read as under:

"MUTUAL CONSENT/COMPROMISE DEED FA1199/2021 with FA 1201/21

This Mutual Consent Compromise Deed is executed on this 29 th day of July, 2021 at Ahmedabad between the following parties:

Pancholi Pratikkumar Hasmukhbhai, aged about 28 Years, Occupation: -

Service, Original Resident of Village Manpur, Taluka & District: - Patan (Hereinafter referred to as the First Party) on the ONE PART

AND

C/FA/1199/2021 ORDER DATED: 02/08/2021

Rawal Khushboo Gautambhai, Aged about 25 Years, Occupation: - Household, Residing at 8, Gokuldham Society, Opp. Dediyasan Bus Stand, Modhera Road, Mehsana (Hereinafter referred to as the Second Party) on the other PART

Whereas both the parties were married on 04/03/2014 at Harij by following Hindu rites and ceremonies and cohabited as husband and wife since then. Out of the wed-lock, a boy named Savya was born on 18.04.2017 and at present he is aged about 4 Years and at present residing with the Second Party.

And Whereas after the marriage owing to the temperamental differences, difference of habits, taste thoughts and increasing incompatibility, the relationship between the parties deteriorated. Finally, to avoid further deterioration in relationship the parties had started living separately since last 4 years.

And whereas efforts and attempts were made by the friends and relatives for reconciliation and for the resumption of marital relationship, but it could not succeed due to the temperamental differences which have rendered normal married life impractical and impossible and the marriage has broken down irretrievably.

And Whereas the parties with the intervention of their parents, relatives, well-wishers and friends have now mutually agreed that have this marriage should be resolved by decree of Divorce by mutual consent on the following terms and conditions of the present Mutual Consent Compromise Deed.

As agreed between the parties that the First Party has already paid Rs.6,00,000/-, (cash) as consolidated and full amount against all the claims of the Second party and son Savya and/or any dues of her family members Which shall also include all dues of Stridhan, past, present and future maintenance, permanent alimony and all other claimed and unclaimed dues. The second party had amicably settled all their disputes towards Stridhan, dowry Articles, permanent alimony and maintenance etc. and she is not claiming any amount against the same as she has already collected all her belongings and there is no claim in any manner now.

As agreed between the parties, the permanent custody of the minor son, Savya will remain with the second party for all times to come and the first party has voluntarily waived off his right and the permanent custody of the son will remain with the second party for all times to come. Therefore, from now on, first party declares and undertakes that he shall not take any legal action against second party for custody of the son Savya born on 18.04.2017.Further, if in future, the second party intends to add her name after the name of the son Savya born on 18.04.2017 or any other person permissible under the law and/or for the adoption process she shall be at liberty to do so and the First party declares and undertakes that he shall not object any of such action/proceeding and shall give his free consent before any of the competent Courts and/or Tribunals and/or Authorities and shall sign necessary documents for the same and for the same the expenses for the same shall be borne by the first party and second party.

It is agreed between the parties, that both the parties have given their consent before the Honourable High Court of Gujarat for passing an

C/FA/1199/2021 ORDER DATED: 02/08/2021

appropriate order of divorce by way of mutual consent in the Appeals being First Appeal No. 1199 of 2021 and First Appeal No. 12021 of 2021. It is also agreed that the right as regards alimony is already settled and therefore in view of the same the order passed by the Family Court Mehsana in Crim. Misc. Application no.48 of 2019 which is challenged by way of Criminal Revision Application (Stamp) No. 11197 of 2021 shall not be pressed into service and the second party shall further withdraw Criminal Revision. Application (Stamp) No. 11197 of 2021 filed before the Honourable High Court of Gujarat. The second party also undertakes to file an appropriate affidavit of consent for quashing of complaint in quashing application filed by the first party before the Honourable High Court of Gujarat being Criminal Misc. Application No. 12485 of 2018 before the Honourable High Court. The First Party shall withdraw Special Civil Application No. 15349 of 2019 pending before the Honourable High Court in view of the settlement arrived at between the parties.

It is agreed between the parties, that both the parties shall not file any suit, petition or complaint or any other proceedings against each other and/or against the family members of each other in future and shall withdraw all the complaints, proceedings if filed anywhere before any Court, Tribunal or authority in this regard if it comes to the knowledge of any of the parties.

That both the parties hereby have agreed that this Mutual Consent/ Compromise Deed is irrevocable and unquestionable and undertake that this Mutual Consent Compromise Deed would inter alia be legal, valid, binding and enforceable and executable in all manners and none of the parties shall be at liberty to take advantage of any technical language or lacunae if any, if the same are not explained hereinbefore.

And whereas this Mutual Consent Compromise Deed has been executed between the parties with their mutual consent and free will without any pressure, force, coercion or undue influence from any side.

In WITNESS WHEREOF, both the parties have signed the present Mutual Consent Compromise Deed in the presence of following witnesses:"

6. In view of the aforesaid, the judgment and decree passed by the Family Court, Mehsana in the Family Suit No.70 of 2018 as well as the judgment and decree passed by the Family Court, Mehsana in the Family Suit No.123 of 2019 is hereby quashed and set aside. Both the appeals are disposed of in terms of the settlement arrived at between the parties and reduced into writting. The parties are directed to abide by the terms of the settlement. The marriage between the parties stands dissolved in view of the settlement deed referred to above.

C/FA/1199/2021 ORDER DATED: 02/08/2021

7. The Registry shall draw the decree in terms of the settlement in both the appeals.

8. The connected civil applications also stand disposed of accordingly.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J)

NEHA