Nishaben W/O Hemalbhai Turakhiya ... vs State Of Gujarat
2022 Latest Caselaw 8963 Guj

      R/CR.RA/471/2018                                ORDER DATED: 10/10/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL REVISION APPLICATION NO. 471 of 2018

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          NISHABEN W/O HEMALBHAI TURAKHIYA D/O. LALITBHAI
                 CHANDRAKANTBHAI DOSHI & 1 other(s)
                              Versus
                    STATE OF GUJARAT & 1 other(s)
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Appearance:
MS KHUSHBU P VYAS(7040) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 3
MR RC KODEKAR APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                 Date : 10/10/2022

                                  ORAL ORDER

1. Learned advocates on both the sides jointly stated that the parties have settled the dispute and a decree of divorce u/s.13(B) of the Hindu Marriage Act, 1955 has been passed by the competent Court vide judgment and decree dated 21.03.2022 passed in Family Suit No.02 of 2022. Learned advocate Ms. Vyas for the applicants produced a copy of the said decree, which is taken on record. In paragraph-4 of the said decree, the Family Court concerned has recorded the details of maintenance / permanent alimony agreed upon by and between the parties, which reads thus:

"4. According to petitioners, it was agreed between them that each of them shall not claim any rights, title

R/CR.RA/471/2018 ORDER DATED: 10/10/2022

or interest in the property of each other. According to petitioners, they have exchanged their belongings from each other and now nothing remains to be exchanged between them. Petitioner No.1 has paid Rs.1,00,000/- towards due maintenance amount and has agreed to pay Rs.1,45,000/- towards permanent maintenance of minor son "Param". Petitioner No.2 has voluntarily waived her right of maintenance; hence, petitioner No.2 shall not claim any maintenance in future from petitioner No.1 for herself as well as minor child."

2. In view of the settlement arrived at between the parties, no further orders are required to be passed in this matter. The parties shall be governed by the judgment and decree dated 21.03.2022 passed in Family Suit No. 02 of 2022. The application stands disposed of accordingly. Rule is made absolute to the above extent.

(SAMIR J. DAVE, J)

PRAVIN KARUNAN