Gujarat High Court
Parth Bharatkumar Thakkar vs Bhavna Parth Thakkar on 14 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/2484/2023 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2484 of 2023
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PARTH BHARATKUMAR THAKKAR
Versus
BHAVNA PARTH THAKKAR
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Appearance:
MR DHRUV R THAKKAR(11280) for the Appellant(s) No. 1
CHINTAN K GANDHI(8600) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 14/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-husband
against judgment and decree dated 31.03.2023 passed by the
Principal Judge, Family Court, Gandhinagar in Family Suit No.24 of
2020. The said suit was filed for decree of divorce.
2. Notice was issued on 20.06.2023 returnable on
11.07.2023. Thereafter, the matter was heard time to time and by
order dated 12.09.2023, it was referred to the Mediation Center
attached to this Court.
3. Today, when the matter is taken up for hearing, learned
Advocates for both sides jointly submitted that the matter is
amicably settled between the parties and settlement terms is
executed between the parties. The parties are also present before
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C/FA/2484/2023 ORDER DATED: 14/07/2025
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the Court and are identified by their respective Advocates.
4. The conditions of the settlement terms read as under:-
"A. The First Appeal No. 2484 of 2023, preferred by
the Husband Party No.1 herein, before this
Hon'ble Court, challenging the order dated
31.03.2023 passed by the Ld. Principal Judge,
Family Court, Gandhinagar in Family Suit no. 24
of 2020 wherein the divorce application was
rejected. However, as now the settlement
between the parties has arrived, neither of the
parties wish to stay together and they are ready
to give their consent for divorce so appropriate
orders/ decree of granting divorce can be passed.
Upon this condition the divorce will be finalized.
Both the parties are agreed to the same.
B. It is further stated that, as agreed upon by and
between parties, custody of both the child will
remain with party no. 2 [i.e. Bhavna Parth
Thakkar (Wife)] forever and in future party no.1
shall not raise any objection for the custody in
any manner whatsoever.
C. That the party no. 2 hereby waives her right for
maintenance against party no.1 fully and party
no.1 agrees to pay the amount of Rs,
29,75,000/(in word: Twenty Nine Lacs Seventy
Five Thousand only) as permanent alimony to the
Party No. 2 - Wife for all future needs of herself
(wife) and both the Child namely Jaini and Shorya
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C/FA/2484/2023 ORDER DATED: 14/07/2025
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for their betterment. From now onwards, the
party no. 2 will not claim any maintenance,
amount, money from party no1 for her own behalf
as well as on behalf of the both the child in any
manner under any head. The party 2 hereby
waves all rights including maintenance from now
onwards and the same shall be the responsibility
of the party no. 2 hereinafter. That the total
amount of Rs. Rs. 29,75,000/(in word: Twenty
Nine Lacs Seventy-Five Thousand only) has been
received by party no. 2 (in her IDFC First Bank
Account) from party no.1 as under:-
Date Transaction Detail Amount
23.05.2025 UPI Transaction (Digital 1,00,000/-
Payment)
Ref
No.UPI/MOB/105274475957/U
PI
23.05.2025 IMPS Transaction 49,800/-
Transaction ID 514315371151
23.05.2025 - 100/-
23.05.2025 - 100/-
13.07.2025 RTGS BARBH 25194956390 3,25,000/-
14.07.2025 RTGS 25,00,000/-
UTR No.BARBH 25195963534
UTR No.BARBH 25195963502
UTR No.BARBH 25195963565
Total (in words Twenty Nine Lacs Seventy-Five 29,75,000/-
Thousand Only)
F. Both the parties are further undertakes on oath
that in event of, The Hon'ble High Court, directs
the parties to approach the Family Court,
Gandhinagar based on settlement then within 30
days from the order/ judgment passed by Hon'ble
Gujarat High Court, both the parties will jointly
approach Ld. Family Court, Gandhinagar seeking
divorce by mutual consent and shall co-operate
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C/FA/2484/2023 ORDER DATED: 14/07/2025
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each other. both the parties shall attend the
proceedings at the family court, Gandhinagar
during every adjournment.
E. The party no. 2 further undertakes that on receipt
of the aforementioned amount of Rs.
29,75,000/(in words Twenty Nine Lacs Seventy-
Five Thousand only) she will not claim any other
amount from party no. 1 towards her own
maintenance as also maintenance of the
children's. The party no. 2 also undertakes that
she will not pursue any of the court proceedings
either with regard to maintenance and/ or
execution application pending before any Court.
F. In case of failure of any permanent alimony
amount mentioned in clause C, all agreements of
this document shall stand void."
5. In view of the aforesaid amicable settlement arrived at
between the parties, no further orders are required to be passed in
the present appeal. The parties are directed to approach the
concerned Family Court for decree of divorce by mutual consent.
The present appeal stands disposed of accordingly. The parties are
directed to abide by settlement terms.
(A.Y. KOGJE, J)
(NSSG,J)
SHITOLE
