Gujarat High Court
Kishorkumar Ramniklal Panchal vs Gauriben W/O Kishorkumar Ramniklal ... on 20 June, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/901/2023 ORDER DATED: 20/06/2025
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14 pt-IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 901 of 2023
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KISHORKUMAR RAMNIKLAL PANCHAL
Versus
GAURIBEN W/O KISHORKUMAR RAMNIKLAL PANCHAL D/O KANJIBHAI
DHARAMSHIBHAI PANCHAL
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Appearance:
MR.KIRIT R CHAUDHARI(3745) for the Appellant(s) No. 1
MR TUSHAR CHAUDHARY(5316) 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 : 20/06/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The appeal is filed by the appellant-husband, who is
the original plaintiff in the Family Suit No.63 of 2018 filed
under Section 13(a)(1) of Hindu Marriage Act. However,
the said Family Suit came to be dismissed and therefore,
the appeal is preferred challenging the same.
2. The order sheet would indicate that earlier there was
attempt to settle the matter between husband and wife
and the mediation succeeded and thereafter, the matter
was listed before this Court. However, when the matter is
taken up, both the learned advocates for the parties have
submitted that both the parties have arrived at settlement
and they are present before the Court and are identified
by their respective learned advocates.
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C/FA/901/2023 ORDER DATED: 20/06/2025
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3. Learned advocates for the parties have placed on
record Memorandum of Understanding, signed between
the parties and counter by their respective advocates
dated 13.06.2025. Learned advocate for the respondent
has placed an affidavit signed by the respondent in
support of the settlement arrived at. The Court deems it fit
to take on record, both memorandum of understanding
and affidavit of the respondent and reproduce the terms
and conditions between the parties, which would read as
under:-
"5(A) Both the parties have agreed that husband Mr.
Kishorkumar shall pay Rs.8,00,000/- (Rs. Eight Lacs Only)
towards full and final settlement for the maintenance for
both i.e. wife and daughter as per details giver under;
Appellant-Husband shall deposit Rs.8,00,000/-
(Rupees Eight Lacs Only) towards the maintenance as
mentioned above on or before 20.06.2025 in the High
Court of Gujarat by way of account payee cheque in
favour of "The Registrar, High Court of Gujarat" at
Ahmedabad. The receipt of payment made by the
husband shall be handed over to the advocate of the
Respondent-wife.
(B) After the amount of Rs.8,00,000/-(Rupee Eight Lacs
Only) paid by the Appellant-husband, in the High Court of
Gujarat at Ahmedabad, the respondent wife will give
consent in pending FA/901/2023 filled by husband, and
both the parties will jointly request to allow pending
FA/901/2023 wife will get entire amount of compensation
from the Account branch of Gujarat High Court as per the
further/final disposal of FA/901/2023.
(C) Both the parties have also accepted that they will not
claim whatsoever in future with regard to their movable
and immovable properties of their respective family
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C/FA/901/2023 ORDER DATED: 20/06/2025
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members, in relation to this matrimonial alliance.
(D) The parties state that nothing remains to be
exchanged henceforth between them since all the
disputes relating to the articles relating to Streedhan of
wife and all the documents of wife are also settled under
this agreement. Hence now there is no dispute about the
same and petitioner husband and respondent wile will
not raise any dispute with regard to whatever gold, silver
and all other valuables including streedhan articles and
documents.
(E) The Appellant-husband and Respondent-wife shall
withdraw applications/complaints if any before any other
court or authority, Wite will not file any enhancement of
maintenance application in future for her self or for her
daughter Poonam.
(F) Both the parties have agreed that custody of daughter
"Poonam" shall remain with her mother i.e. Gauriben and
she will be fully responsible for her care and well being
including marriage and Education expenses and wife
Gauriben will not make any demand/claim of
maintenance for the daughter from her husband.
Gauriben sign this deed for herself as well as for the
Poonam as she is her natural guardian since separation
from 2012.
(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 terns both the parties shall have the liberty to
revive/press their respective applications, petition, appel,
etc.
(H) Gauriben(wile) will give consent to the husband for
the purpose of the withdrawal Rs. 1,00,000 deposited
before the Ld. Family Court, Mehsana on 21.06.2022
pursuant to order dated 09.03.2022 passed by Hon'ble
High Court in Criminal Revision Application No. 233 of
2022. And Gauriben will withdraw pending Criminal
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C/FA/901/2023 ORDER DATED: 20/06/2025
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Revision Application No. 233 of 2022. Wife will not claim
the amount which is deposited before the Family Court,
Mehsana and that will be withdraw and retain by the
husband.
(I) It is agreed that the parties shall not claim any rights
under any head or in any form against each other. 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.
(J) 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 to dissolve their marriage. In case of breach of
above terms by the husband or by the wife, they shall
have liberty to revive the cases. In case of breach by
husband, wife will get additional compensation on
delayed amount with interest 8 %. In case of breach and
non co-operation by wife, husband will entitle to get back
entire amount based on this deed with 8% interest.
(K) The parties have voluntarily settled all the disputed
amicably, without any coercion understood the contents
of terms of settlement and have put their signature on
the same.
(L) Both the parties to this proceedings 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."
5. In view of the terms of settlement, where the parties
have agreed to amicably part ways, the Court quashes
and set aside the impugned judgment and order dated
28.01.2022 passed in Family Suit No. 63 of 2018 and
ordered dissolution of the marriage between appellant-
Kishorkumar Ramniklal Panchal and respondent Gauriben
w/o Kishorkumar Ramniklal Panchal solemnized on
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C/FA/901/2023 ORDER DATED: 20/06/2025
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20.02.2011. The parties are adhered by the terms of
settlement arrived at under the memorandum of
understanding.
6. The appeal stands allowed in terms of the
settlement arrived at between the parties
(A.Y. KOGJE, J)
(NSSG,J)
SIDDHARTH
