Sanjay Indravadan Parikh vs Zalak Shah D/O Deepakbhai M Shah
2022 Latest Caselaw 10024 Guj

       C/FA/3482/2021                                ORDER DATED: 13/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 3482 of 2021

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                            SANJAY INDRAVADAN PARIKH
                                      Versus
                        ZALAK SHAH D/O DEEPAKBHAI M SHAH
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Appearance:
MR BM MANGUKIYA(437) for the Appellant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Appellant(s) No. 1
MR CHINMAY M GANDHI(3979) for the Defendant(s) No. 1
MS NIKITA C GANDHI(11570) for the Defendant(s) No. 1
MS RUMI M GANDHI(3472) for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                 Date : 13/12/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Learned advocate Mr. B. M. Mangukiya appears for the appellant-husband, whereas learned advocate Mr. Chinmay Gandhi is for the respondent-wife.

2. This First Appeal, which was admitted on 21.12.2021, arose out of judgment and order dated 31.7.2019 passed by the Family Court No.3, Ahmedabad, in Civil Misc. Application No. 106 of 2007. It was an application under section 25 of the Hindu Marriage Act seeking cancellation and/or modification or order passed in Family Suit No. 668 of 2000 dated 28.08.2005, which provided for payment of permanent alimony to the opponent-wife. The wife filed application Exh. 11 for enhancement of the maintenance amount, which is culminated into

C/FA/3482/2021 ORDER DATED: 13/12/2022

aforementioned impugned order dated 31.07.2019, whereby the application came to be partially allowed.

2.1 The operative order of the impugned judgment and order reads as under,

"1. The present application is hereby dismissed.

2. The application filed by the opponent at exh. 11 is hereby partly allowed.

3 The applicant is hereby directed to pay Rs.5,000/-p.m. to the opponent towards the permanent alimony of minor son from the date of application at exh.11 1 i.e. 26/06/2008 till the minor son attains the age of majority instead of Rs.3500/-

4. The applicant is also hereby directed to pay Rs.9,000/- p.m. to the opponent towards her permanent alimony after son became major i.e. 15/09/2011 instead of Rs.5,000/-p.m.."

3. When the appeal came up for consideration today, learned advocates for the parties jointly submitted that dispute between the parties stands settled. They stated that memorandum of understanding dated 14th November, 2022 came to be executed between the parties. Xerox copy thereof was produced. The same shall remain on record of the appeal.

4. As per the settlement arrived at between the parties, the husband has agreed to pay total Rs. 4,10,000/- towards full and final settlement. The said amount has been paid to the wife as mentioned in the settlement terms. Learned advocate for the respondent-wife confirmed the receipt of the payment.

5. The spouses had already taken taken divorce. They agreed in the

C/FA/3482/2021 ORDER DATED: 13/12/2022

settlement that either of they would not have any claim of matrimonial or for maintenance towards each other nor they will have any right in the property of each other. They agreed to withdraw the cases including the proceedings before the High Court. It was further stated that son Milind born out of wedlock shall be in the custody of wife and that he will not have any claim in respect of the property of the husband-father.

6. In view of settlement incorporating various terms inter alia as above, the present appeal does not survive for any further orders. The parties represented through their learned advocates stated that they will abide by the settlement.

7. The First Appeal stands disposed of in terms of the settlement.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) C.M. JOSHI