Gujarat High Court
Hemlataben D/O. Lilaramji Sohanlaji ... vs Arvindkumar @ Manish Maganlal Chelaji ... on 19 January, 2024
Author: Biren Vaishnav
Bench: Biren Vaishnav
NEUTRAL CITATION
C/FA/2572/2023 ORDER DATED: 19/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2572 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/FIRST APPEAL NO. 2572 of 2023
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HEMLATABEN D/O. LILARAMJI SOHANLAJI MALAVIYA
Versus
ARVINDKUMAR @ MANISH MAGANLAL CHELAJI MALVI (LUHAR)
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Appearance:
MR D S GADHVI(11310) for the Appellant(s) No. 1
MR R.K.MANSURI(3205) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 19/01/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. Heard learned advocate Mr. D.S. Gadhvi for the appellant and
learned advocate Mr. R.K. Mansuri for the respondent.
2. Pursuant to the order dated 17.10.2023, the parties were
referred to the Mediation Centre. Fortunately, by Memorandum of
Understanding between the respective parties on 13.12.2023, the
parties have arrived at the settlement.
3. The terms and conditions of the Memorandum of
NEUTRAL CITATION
C/FA/2572/2023 ORDER DATED: 19/01/2024
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Understanding in the settlement deed are as under:
"(A) The Respondent-Husband will make prayer
before the court by giving his consent to allow the
appeal filed by Appellant-Wife and also for quashing
the judgment and decree of divorce passed in Family
Suit No.08 of 2020 dated 28.11.2022 at Family Court,
Himmatnagar.
(B) The Appellant-Wife shall withdraw all the
cases filed by her in various courts in the State of
Rajasthan or at any place against her Husband and will
not keep any case pending before joining her husband
at his house.
(C) The Respondent-Husband will make an
application for quashing before Hon'ble High Court of
Rajasthan of Criminal Complaint vide FIR No.32 of 2020
with Sadar Thana Police Station, Abu Road which is
culminated in Case No.301 of 2020 which is pending
before the Hon'ble Court of Judicial Magistrate Abu
Road. The Appellant-Wife will give her consent for
quashing of this complaint before Hon'ble High Court
of Rajasthan. This application of quashing by husband
will be filed on or before 15th January 2024 for its
earliest disposal.
(D) Both the parties have agreed that after they
start staying together they will take nice care of each
other. They will give due respect and love to each
other and also to their family members.
NEUTRAL CITATION
C/FA/2572/2023 ORDER DATED: 19/01/2024
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(E) Both the parties have agreed to take proper
care of their daughter- 'Hejal' with regard to her
health, emotional needs and education.
(F) Both the parties agreed that they will start
resuming staying to together only after all the cases
filed by them against each other are withdrawn and
also after the appeal is allowed and decree of divorce
is quashed. Both the parties agreed to extend
necessary co-operation to each other for resolution of
all cases.
(G) The parties agree to withdraw all
allegation/application/cases/complaints made by them
against each other and their family members, in
relation to this matrimonial alliance and they will not
press for their respective prayers passed in them. In
case of breach of terms both the parties shall have the
liberty to revive/press their respective applications and
claims/orders made in them.
(H) All the disputes between the parties herein
above stands settled by executing this memorandum
of agreement and both the parties are bound to follow
the terms of this memorandum of agreement strictly.
(I) The parties hereby declare that they will abide
by terms and conditions set out hereinabove, in this
memorandum of understanding and co-operate each
other. In case of breach of above terms by the husband
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C/FA/2572/2023 ORDER DATED: 19/01/2024
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or by the wife, they shall have liberty to revive all the
cases.
(J) The parties have voluntarily settled all the
disputes amicably, without any coercion, understood
the contents of terms of settlement and have put their
signatures on the same.
(K) Both the parties to this proceeding would pray
to the Hon'ble Court to pass appropriate orders in
terms of the consent terms arrived at between them in
the above referred applications.
(L) The terms of the settlement are explained and
interpreted in Gujarati and Hindi to both the parties
and then recorded their consent and they have put
their signatures voluntarily as a taken of having
accepted the same before the Mediator appointed by
the Mediation Centre of the Hon'ble High Court of
Gujarat at Ahmedabad on this 13 th December day of
2023."
4. One of the terms of the settlement was that respondent-
husband will agree for allowing the appeal and quashing of the
judgment and decree of divorce passed in Family Suit No.8 of 2020 on
28.11.2022.
5. Accordingly, the decree of divorce passed in Family Suit No.8 of
NEUTRAL CITATION
C/FA/2572/2023 ORDER DATED: 19/01/2024
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2020 by learned Principal Judge, Family Court, Himmatnagar,
District-Sabarkantha on 28.11.2022, is quashed and set aside. The
parties shall abide by the terms and conditions of the settlement
deed, which are reproduced above. Accordingly, the First Appeal
stands disposed of. The civil application for stay will not survive and
stands disposed of.
(BIREN VAISHNAV, J)
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
