Gujarat High Court
Eeshita D/O Vijaykumar Desai ... vs Rohan Hemantbhai Desai on 28 March, 2022
Bench: A.J.Desai
C/FA/5221/2019 ORDER DATED: 28/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO.5221 of 2019
With
CIVIL APPLICATION (FOR STAY) NO.1 of 2019
In
R/FIRST APPEAL NO.5221 of 2019
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EESHITA D/O VIJAYKUMAR DESAI ALIAS EESHITA ROHAN DESAI
Versus
ROHAN HEMANTBHAI DESAI
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Appearance :
MR ALOK TAKKAR FOR SAN ASSOCIATES LLP for the Appellant.
MR I.H. SYED, SENIOR COUNSEL ASSISTED BY MR. RAHIL P JAIN for the
Defendant.
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE ANIRUDDHA P.
MAYEE
Date : 28/03/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI)
1. By way of the present appeal under Section 96 of the
Code of Civil Procedure, 1908 ('the Code' for short), the appellant -
wife - Eeshita daughter of Vijaykumar Desai and wife of Rohan
Desai has challenged the judgment dated 3.9.2019 passed by
learned Judge, Family Court No.2, Surat in Family Suit No.831 of
2017 by which the Family Court has allowed the said suit filed by
the respondent herein - husband and the marriage solemnized
between the respondent herein - husband and appellant herein -
wife on 9.12.2012 was ordered to be dissolved. For the sake of
convenience, the parties to the present proceedings are referred as
wife and husband respectively.
2. Notice was issued by the coordinate Bench way back on
25.10.2019. On 2.12.2019, learned advocate Mr. Y. N. Ravani who
C/FA/5221/2019 ORDER DATED: 28/03/2022
used to appear for the respondent has made a statement that the
respondent - husband has not remarried. Thereafter, appeal came
to be admitted by order dated 18.6.2021 and the matter was sent
for mediation. The matter could not be settled before the Mediator
and, therefore, appropriate report was submitted.
3. Thereafter, the present appeal was again listed before
this Court on 24.2.2022 for final hearing and the same was
adjourned to today. Today, the parties have remained present
before this Court. The matter is taken up in the Chamber.
4. After some discussions between the parties, the
husband and wife have agreed before us that the husband will pay
an amount of Rs.40 Lacs (Rupees Forty Lacs) to wife towards
permanent alimony towards full and final settlement of disputes
between them. Further, husband and wife have stated that they
will jointly file a petition under Section 13-B of the Hindu Marriage
Act for obtaining decree of divorce by mutual consent before the
concerned Family Court within a period of one month. The
husband further submits that he will deposit the amount of Rs.40
Lacs by way of Demand Draft along with the petition under Section
13-B of the Hindu Marriage Act before the concerned Family Court
and upon disposal of the said petition, the said amount of Rs.40
Lacs may be given to the respondent - wife. The wife further states
that the amount of Rs.40 Lacs will be permanent alimony towards
full and final settlement of all disputes between them and she will
not claim any more amount by way of maintenance or claim share
in any of the properties of the husband or his family members in
future hereinafter. They have, therefore, submitted that
appropriate order may be passed.
C/FA/5221/2019 ORDER DATED: 28/03/2022
5. Considering the above aspect of the matter, we pass
the following order :-
(i) The wife has agreed to receive an amount of Rs.40
Lacs (Rupees Forty Lacs) towards permanent alimony as full and
final settlement of all the disputes. She has further agreed that she
will not claim any more amount by way of maintenance or claim
share in any of the properties of the husband or his family members
in future hereinafter. The wife is directed to file an undertaking to
the above effect before this Court within a period of ten days from
today.
(ii) The husband as well as wife may present a joint
petition before the concerned Family Court under Section 13-B of
the Hindu Marriage Act seeking divorce by mutual consent within a
period of one month. Along with the said petition, the husband
shall deposit an amount of Rs.40 Lacs by way of Demand Draft with
the concerned Family Court.
(iii) The husband shall file an undertaking before this Court
within a period of ten days from today to the effect that he shall
deposit an amount of Rs.40 Lacs before the concerned Family
Court along with the petition that may be filed under Section 13-B
of the Hindu Marriage Act.
(iv) As and when such petition under Section 13-B of the
Hindu Marriage Act is filed before the concerned Family Court, the
concerned Family Court shall deal with such petition as
expeditiously as possible in view of the fact that parties have
amicably resolved the disputes and also consider the application
that may be filed by the parties for waiving the statutory period of
C/FA/5221/2019 ORDER DATED: 28/03/2022
six months provided under Section 13 (B) (2) of Hindu Marriage
Act, 1995 and finally decide the said Petition expeditiously since
they are residing separately since eight years.
(v) The parties to the proceedings shall cooperate for
expeditious disposal of the petition that may be filed by them under
Section 13-B of the Hindu Marriage Act.
(vi) Upon disposal of the petition that may be filed by the
parties under Section 13-B of the Hindu Marriage Act, the
concerned Family Court shall disburse an amount of Rs.40 Lacs in
favour of wife by A/c. payee cheque, on proper verification.
(vii) The husband as well as wife have agreed before this
Court that they shall withdraw all cases filed by them against each
other.
6. In view of the above settlement arrived at between the
parties, we are of the opinion that the appeal requires
consideration and hence, the same is allowed. The judgment dated
3.9.2019 passed by learned Judge, Family Court No.2, Surat in
Family Suit No.831 of 2017 is hereby quashed and set aside.
Connected civil application also stands disposed of.
(A. J. DESAI, J)
(ANIRUDDHA P. MAYEE, J.)
SAVARIYA
