Gujarat High Court
Sarabjeet W/ Raja Mahendersinh ... vs Raja Mahender Singh Bhatiya on 8 September, 2022
Bench: Nisha M. Thakore
C/FA/1716/2022 ORDER DATED: 08/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1716 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/FIRST APPEAL NO. 1716 of 2022
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SARABJEET W/ RAJA MAHENDERSINH BHATIYA D/O SHIV SINGH
DHILLON
Versus
RAJA MAHENDER SINGH BHATIYA
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Appearance:
MR VARUN BHARDA WITH MR ZUBIN F BHARDA(159) for the Appellant(s)
No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 08/09/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The challenge is to the judgment and decree dated
30.04.2022 passed by the Family Court, Ahmedabad, in Family
Suit No.1489 of 2016, whereby the Court has allowed the Suit and
decree was passed under Section 13(1)(a) of the Hindu Marriage
Act. The same is challenged by the appellant wife before this
Court. This Court has referred the matter to the High Court
Mediation Center.
2. The parties have settled their dispute. The report of the
learned Mediator and Memorandum of Understanding have also
been placed before this Court. The parties do not have any child
begotten out of their wedlock. The total amount of permanent
alimony decided between the parties is Rs.7.50 Lakhs. The
schedule of the payment has also been finalized, which is as
under:
C/FA/1716/2022 ORDER DATED: 08/09/2022
(1) The Respondent - husband will deposit Rs.4,00,000/-
(Rupees Four Lakhs only) within three days from the
withdrawal of this First Appeal, in Saving Account
No.919010089789311, having IFC Code No.
UTIB0000030 with the Axis Bank, Jubillee Hill Branch,
Hyderabad, of the appellant wife.
(2) The respondent - husband will file application before this
Court under Section 482 of the Code of Criminal
Procedure, for quashing the FIR lodged by the appellant
wife under Section 498A of the Indian Penal Code
against the appellant - husband.
(3) The appellant - wife will file affidavit in the said quashing
application giving no objection for quashing the FIR
lodged by the appellant - wife.
(4) The appellant - wife will deposit Rs.3,50,000/- (Rupees
Three Lakhs Fifty Thousand only) to the appellant - wife
within one week from the date of final order of quashing
the FIR.
3. We have heard Mr. Varun Bharda, learned advocate with Mr.
Zubin Bharda, learned advocate appearing for the appellant - wife
and Mr. Hiren Modi, learned advocate for the respondent -
husband.
4. It appears from the report of the Mediator that appellant wife
had participated in the mediation proceedings through virtual mode
C/FA/1716/2022 ORDER DATED: 08/09/2022
and at the end of mediation, parties have explored to enter into the
settlement for which Memorandum of Understanding was drawn,
which was sent to appellant residing at Hyderabad. The said MoU
signed by her, has been received by High Court Mediation Center
on 01.09.2022, which has been late singed by respondent
husband on 07.09.2022.
5. The learned advocates also confirmed that they have been
made to understand the entire Memorandum of Understanding and
they themselves agreed to enter into this compromise and they
adhere permanently with the terms and conditions.
The Appeal is disposed of in wake of Memorandum of
Understanding.
The findings and observations of the Court in relation to
cruelty etc. in wake of this compromise shall not be read as
applicable to the parties.
The marriage of the parties is dissolved as per the judgment
and decree dated 30.04.2022.
In view of the disposal of the main appeal, Civil Application
also stands disposed of.
(SONIA GOKANI, J)
(NISHA M. THAKORE,J)
Y.N. VYAS
