Gujarat High Court
Patel Prakashkumar Amrutlal vs Hiral Dashratbhai Kahar W/O Patel ... on 25 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/2258/2025 ORDER DATED: 25/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2258 of 2025
================================================================
PATEL PRAKASHKUMAR AMRUTLAL
Versus
HIRAL DASHRATBHAI KAHAR W/O PATEL PRAKASHKUMAR AMRUTLAL
================================================================
Appearance:
NEHABEN K PATEL(9700) for the Appellant(s) No. 1
RUCHIKA N KAKKAD(9493) for the Appellant(s) No. 1
MR NAYAN L GUPTA(11798) for the Defendant(s) No. 1
MR SOHIL R GODIA(3909) for the Defendant(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 25/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-husband for
the following reliefs:-
"A. This Hon'ble Court be pleased to quash and set
aside the impugned judgment and decree dated
31.12.2022 passed in the Family Suit No.813 of
2018 by the Learned Principal Judge, Family
Court, (Annexure-A collectively) in the interest of
justice and further be pleased to remand back the
matter to the concerned Ld. Family Court for
afresh consideration;
B. This Hon'ble Court may be pleased to further
direct the concerned Ld. Family Court for re-trial
NEUTRAL CITATION
C/FA/2258/2025 ORDER DATED: 25/07/2025
undefined
from the stage of cross-examination of the
appellant by the respondent;"
2. The matter was on board on 14.07.2025, when the
Court passed following order:-
"The parties are present before the Court and both
learned Advocates for respective parties have indicated
for settlement likely to be arrived at between the
parties and therefore, to formalize the settlement terms
and place the same on record, S.O. to 21-07-2025."
2.1 Thereafter, the matter was adjourned for today, i.e.
25.07.2025.
3. Today, when the matter is taken up for hearing, learned
Advocates for the parties jointly submitted that the matter is
amicably settled between the parties and Memorandum of
Understanding is executed, whereby an amount of Rs.27,50,000/- is
agreed to be given by the appellant-husband to the respondent-wife
towards permanent alimony and to apply for divorce by mutual
consent.
4. Both the parties have confirmed that the steps which
are required to be taken by the respective parties so far have been
already taken, including handing over of the amount agreed
between the parties.
NEUTRAL CITATION
C/FA/2258/2025 ORDER DATED: 25/07/2025
undefined
5. The relevant covenants /terms of MoU are as under:-
"A. Settlement Amount:
The First Party shall pay the Second Party a sum of
27,50,000/- (Rupees Twenty-Seven Lakhs Fifty
Thousand only) as full and final settlement and
permanent alimony, in the following manner:
₹9,00,000/- (Nine Lakhs Rupees Only) at the time of
signing this MOU through Cheque bearing Cheque No.
"000147", Bank of Baroda having Account No:
03360100018225;
₹3,08.333/- (Three Lakhs Eight Thousand Three
Hundred Thirty-Three Rupees Only) on 25.08.2025.
₹3,08,333/- (Three Lakhs Eight Thousand Three
Hundred Thirty-Three Rupees Only) on 25.09.2025.
₹3.08.333/- (Three Lakhs Eight Thousand Three
Hundred Thirty-Three Rupees Only) on 25.10.2025.
₹3.08.333/- (Three Lakhs Eight Thousand Three
Hundred Thirty-Three Rupees Only) on 25.11.2025.
₹3.08.333/- (Three Lakhs Eight Thousand Three
Hundred Thirty-Three Rupees Only) on 25.12.2025.
₹3,08.333/- (Three Lakhs Eight Thousand Three
Hundred Thirty-Three Rupees Only) on 25.01.2026 or
on the date of final disposal of the divorce petition,
whichever is earlier.
NEUTRAL CITATION
C/FA/2258/2025 ORDER DATED: 25/07/2025
undefined
B. Withdrawal of Cases:
The Second Party undertakes to withdraw the
application filed under Section 125 CrPC and the
complaint filed under Section 498A, 323, 504, 506, 114
of IPC and Section 3 and 7 of the Dowry Prohibition
Act, 1961, within a reasonable period after receipt of
the first installment.
Appropriate affidavits or applications
withdrawal/compromise shall be filed before the
concerned Courts.
C. Divorce by Mutual Consent:
The parties shall jointly file a petition for Divorce by
mutual consent under Section 138 of the Hindu
Marriage Act, 1955 before the Family Court at
Vadodara within a reasonable time after execution of
this MOU.
The First Party and Second Party agrees and
undertakes that they shall be present on all dates
before the Family Court and shall not in any manner
stall the Mutual Divorce proceedings.
Both parties agree to co-operate and remain present
before the Family Court and complete the proceedings
in good faith.
D. No Further Claims:
The Second Party hereby undertakes that upon receipt
of the total alimony amount, she shall not claim any
NEUTRAL CITATION
C/FA/2258/2025 ORDER DATED: 25/07/2025
undefined
further maintenance, stridhan, right to residence, or
any other claim whatsoever against the First Party.
Both parties declare that there are no pending civil,
criminal. or matrimonial claims other than those
mentioned above, and in the event any such matter
arises, the same shall be deemed withdrawn/settled as
per this MOU.
E. Binding Nature:
This MOU shall be binding on both the parties and their
respective heirs, successors, and legal representatives.
This MOU is executed voluntarily, without any coercion,
undue influence, or misrepresentation by either party.
F. Jurisdiction:
All disputes arising out of or in connection with this
MOU shall be subject to the jurisdiction of courts at
Vadodara.
The First Party and Second party agrees that breach of
any part/portion of any clause shall constitute a
material breach of this Settlement Agreement. In such
a scenario, this Settlement Agreement shall stand
automatically terminated at the behest of any of the
Party who breach the contract and another party shall
be at liberty to proceed with taking legal recourse
available in law."
4. In view of the amicable settlement of the dispute
between the parties, no further orders are required to be passed in
NEUTRAL CITATION
C/FA/2258/2025 ORDER DATED: 25/07/2025
undefined
this appeal. The appeal stands disposed of in the aforesaid terms.
The parties are directed to abide by the terms of settlement.
(A.Y. KOGJE, J)
(NSSG,J)
SHITOLE
