Gujarat High Court
Dr. Harshkumar Kishorbhai Patel vs Minalben W/O. Dr. Harshkumar ... on 3 November, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/3129/2024 ORDER DATED: 03/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3129 of 2024
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
In R/FIRST APPEAL NO. 3129 of 2024
With
R/FIRST APPEAL NO. 4573 of 2024
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2024
In R/FIRST APPEAL NO. 4573 of 2024
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DR. HARSHKUMAR KISHORBHAI PATEL
Versus
MINALBEN W/O. DR. HARSHKUMAR KISHORBHAI PATEL AND D/O
LAXMINARAYAN AMRUTLAL PATEL
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Appearance:
MR DHRUV THAKKAR for MR JAYRAJ CHAUHAN(2966) for the Appellant(s)
No. 1
MR AMIT N CHAUDHARY(5599) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 03/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. These two appeals have been preferred against the
judgment and order dated 13.06.2024 passed in
Family Suit no. 05 of 2022 by learned Principal Judge,
Family Court, Palanpur.
2. Essentially, the case is arising out of the matrimonial
dispute which pending the appeal was referred to the
Mediation Centre attached to this Court under Order
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C/FA/3129/2024 ORDER DATED: 03/11/2025
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dated 08.09.2025. Today, when the matter is taken up,
learned advocate for both the parties are present
before the Court and have submitted a successful
conclusion of the Mediation and the Report of the
mediator dated 06.10.2025 is also placed on record.
According to the Report, the Memorandum of
Understanding, mediation is reported to be successful
in view of the settlement mentioned in the
Memorandum of Understanding.
3. The Court has perused the Memorandum of
Understanding which is placed on record and learned
advocate for the respective parties, under the
instructions, have confirmed that each of the party
comply with the terms of the Memorandum of
Understanding.
4. At request, it is recorded that in case either of the
party does not comply with the terms of the
Memorandum of Understanding, parties would be at
liberty to make necessary application for reviving the
First Appeals.
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C/FA/3129/2024 ORDER DATED: 03/11/2025
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5. The terms and conditions of Memorandum of
Understanding are as under :
"(A) Both the parties have agreed that husband Dr.
Harshkumar Kishorbhai Patel shall pay
Rs.39,00,000/- (Rupees Thirty-nine Lacs Only)
towards full and final settlement for the maintenance
of wife and daughter- Trisha Patel as per details given
under:
Appellant- Husband shall deposit Rs.39,00,000/-
(Rupees Thirty-nine Lacs Only) towards the
maintenance/alimony for both as mentioned above on
or before 10.04.2026 in the High Court of Gujarat by
way of account payee cheque in favour of "The
Registrar, High Court of Gujarat" at Ahemdabad. The
copy of the receipt fo the payment made by the
husband shall be handed over to the advocate of the
Respondent-wife.
As per Installments given as under:
1) First Installment- Rs.15,00,000/- shall be paid
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on or before 10.12.2025 in the High Court of
Gujarat by way of account payee cheque in favour
of "The Registrar, High Court of Gujarat' at
Ahemdabad.
2) Second Installment- Rs.10,00,000/- shall be
paid on or before 10.02.2026 in the High Court of
Gujarat by way of account payee cheque in favour
of "The Registrar, High Court of Gujarat" at
Ahemdabad.
3) Third Installment- Rs.14,00,000/- shall be
paid on or before 10.02.2026 in the High Court of
Gujarat by way of account payee cheque in favour
of "The Registrar, High Court of Gujarat" at
Ahemdabad.
Thus, total Rs. 39,00,000/- shall be paid as
mentioned above on or before 10.04.2026.
(B) After thee amount of Rs.39,00,000/-(Rupees
Thirty-Nine Lacs Only) deposited by the Appellant-
husband, in the High Court of Gujarat at Ahmedabad,
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C/FA/3129/2024 ORDER DATED: 03/11/2025
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the Respondent-wife, in the High court of Gujarat at
Ahmedabad, the Respondent-wife will give her consent
for allowing two appeals the First Appeal No.3129 of
2024 to quash the judgement dated 13.06.2024
passed by the learend Family Principal Judge, Family
Court, Palanpur@Banaskantha dated on 13.06.2024 in
Family Suit No.13 of 2020. The Respondent-wife shall
withdraw her Execution Application No EXC/R/7 of
2024 for restitution of congaugal rights filed before
Hon'ble Family Court, Palanpur@Banaskantha. The
Respondent-wife shall withdraw her recovery
applications filed at Principal Judge, Family Court,
Palanpur, bearing No. CRMA/J/3 of 2025 and CRMA/
J/164 of 2025 pending before the Hon'ble Family
Court, Palanpur. The Respondent-wife will give her
consent for allowing the First Appeals as mentioned
above and withdrawal of Execution/Recovery
applications as mentioned above only after
Rs.39,00,000/- are deposited in the Hon'ble High
Court of Gujarat on or before 10.04.2026.
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(C)There are no disputes about Streedhan. Hence,
there will be no dispute about the same and the
appellant-husband and respondent wife will not raise
any dispute with regard to whatever gold, silver and all
other valuables including any Streedhan articles in
any courts.
(D) The Respondent-wife will be eligible for withdrawal
of Rs.39,00,000/- (Rupees Thirty-nine Lacs Only) only
after the order is passed by the Hon'ble High Court of
Gujarat of allowing the First Appeals as mentioned
above in favour of Appellant-husband on the basis of
consent given by Respondent-wife and only after the
withdrawals of above mentioned execution application
and recovery applications filed by Respondent-wife
before the Hon'ble Principal Judge, Family Court,
Palanpur. She will produce the certified copies of
allowing the First Appeals and certified copies of the
order of withdrawal execution application and recovery
application as mentioned before the Registry, after this
the Respondent-wife will be paid the amount of
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C/FA/3129/2024 ORDER DATED: 03/11/2025
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Rs.39,00,000/- (Rupees Thirty-nine Lacs Only)
deposited in the Hon'ble High Court by the husband in
the First Appeal No.3129 of 2024 and First Appeal
No.4573 of 2024.
(E) The Custody of daughter Ms. Trisha Patel shall
remain with mother- Minalben Patel. She will take full
care and responsibilities for her maintenance and all
types of future expenses of her well-being. The
Respondent-wife shall not make any kinds of demand
for maintenance of daughter Ms. Trisha Patel from the
Appellant-husband Dr. Harshkumar Kishorbhai Patel.
The Appellant-husband can meet his daughter with
her consent ( consent of Trisha Patel).
(F) Both the parties have also accepted that they will
have no claim whatsoever in future with regard to their
movable and immovable properties of their respective
family members, in relation to this matrimonial
alliance.
(G) The Appellant-husband and Respondent-wife shall
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withdraw all the applications/complaints if any before
any court or authority.
(H) 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 partyies shall have
the liberty to revive/press their respective applications
and claims/ orders made in them.
(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
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above terms by the husband or by the wife, they shall
have liberty to revive the cases.
(K) 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.
(L) 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.
(M) The terms of the settlement are explained and
interpreted in Gujarati to both the parties and then
recorded their consent and they have put their
signatures voluntarily as a token 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 06th October day of 2025."
6. Both the appeals, therefore, stands disposed of in terms
of the settlement placed on record by way of the
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C/FA/3129/2024 ORDER DATED: 03/11/2025
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Memorandum of Understanding and decree to be drawn
accordingly. Consequently, both the connected Civil
Applications, also stands disposed of.
(A.Y. KOGJE, J)
(J. L. ODEDRA, J)
RIYA VISHWAKARMA
