Kamini D/O. Vrajlal Rathod And ... vs Amit Kantibhai Darji
2022 Latest Caselaw 4314 Guj

      C/FA/1017/2018                              ORDER DATED: 21/04/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1017 of 2018
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
                    In R/FIRST APPEAL NO. 1017 of 2018
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     KAMINI D/O. VRAJLAL RATHOD AND W/O. AMIT KANTIBHAI DARJI
                              Versus
                       AMIT KANTIBHAI DARJI
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MS.P J.JOSHI(3888) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                            Date : 21/04/2022

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. By way of present Appeal under Section 19 of Family Court Act, 1955, the appellant - original defendant wife has challenged judgment and order dated 31.08.2017 passed by Principal Judge, Family Court, Ahmedabad in Family Suit No.765 of 2011 by which the petition filed by the respondent husband under Section 13(A) of Hindu Marriage Act, 1955 seeking divorce from the appellant wife came to be allowed.

2. The Appeal came to be admitted on 28.06.2018 and on the same day, the implementation and execution of the judgment and decree was stayed, which has continued till date.

3. The Appeal was lastly listed on 19.03.2020, however, due to pandemic of Covid-19, the Appeal thereafter was never listed for hearing. A request was made by learned advocate

C/FA/1017/2018 ORDER DATED: 21/04/2022

Ms. Joshi for the appellant, who was appointed for the appellant wife through the High Court Legal Services Committee that the matter may be listed for hearing since the parties have settled the matter and the appellant does not want to proceed further with the appeal. Accordingly, the matter is listed today.

4. Today, the parties have remained present before this Court. Both the parties have been identified by learned advocate Ms. Joshi. A true copy of customary divorce agreement entered into between the parties on 27.12.2021 has been produced, which is taken on record. As per the agreement, the respondent husband has paid an amount of Rs.6,51,000/- towards permanent alimony to the appellant wife. The appellant wife has agreed that she would not claim any maintenance or any right in the property of the respondent in future. This aspect was asked to both the parties which they have agreed.

5. The appellant has further submitted that she would like to withdraw this Appeal. Hence, permission is granted. The Appeal accordingly stands disposed of, as withdrawn. Consequently, the Civil Application for stay does not survive and it also stands disposed of.

6. The decree of divorce passed by Principal Judge, Family Court, Ahmedabad as per judgment and order dated 31.08.2017 in Family Suit No.765 of 2011 is hereby confirmed.

(A.J.DESAI, J)

(ANIRUDDHA P. MAYEE, J.)

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