Gujarat High Court
Mamta Ranjitkumar Prajapati D/O ... vs Ranjitkumar Prakashchandra Prajapati on 1 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/547/2024 ORDER DATED: 01/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 547 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 547 of 2024
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MAMTA RANJITKUMAR PRAJAPATI D/O SHIVNARAYAN PRAJAPATI
Versus
RANJITKUMAR PRAKASHCHANDRA PRAJAPATI
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Appearance:
MR RISHIN PATEL for HL PATEL ADVOCATES(2034) for the Appellant(s)
No. 1
MR M M SHAIKIH(11314) for the Defendant(s) No. 1
MR UVESH M SHAIKH(11313) 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 : 01/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-wife against
judgment and decree dated 09.11.2023 passed by the Judge,
Family Court No.2, Ahmedabad in Family Suit No.1121 of 2018. By
the said judgment and decree, the Family Court directed
dissolution of marriage between the parties on the ground of
cruelty and desertion by the appellant-wife.
2. Notice was issued on 13.02.2024 returnable on
07.03.2024. Thereafter, the matter was heard from time to time.
NEUTRAL CITATION
C/FA/547/2024 ORDER DATED: 01/09/2025
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On 15.07.2025, when the matter was taken up for hearing, learned
Advocates for the parties, under instructions of the parties,
requested the matter to be referred to mediation. Accordingly, the
matter was referred to Mediation Centre attached to this Court.
3. Today, when the matter is taken up for consideration,
learned Advocates for the parties report that the mediation is
successful and parties have entered into Memorandum of
Understanding and have decided to accept the decree of divorce
passed by the Family Court vide order dated 09.11.2023 in Family
Suit No.1121 of 2018. Learned Advocates invited attention of the
Court to the terms /covenants of the MoU, which read as under:-
"A. Both the Husband and wife have decided to
accept the Decree of Divorce passed by the Ld.
Family Court, Ahmedabad in Family Suit no.1121
of 2018 vide order dated 09.11.2023 which is
granted in favour of the respondent-husband.
B. That both the parties have agreed that the
appellant-wife has filed Application being CRMA
No.1438/2018 under the provisions of D.V. Act
and asked reliefs U/Ss.12,18,19,20 & 22 of the
said Act and the said proceedings has been
disposed of vide order dated 29.04.2025 which is
in the knowledge of both the parties.
C. That both the parties have agreed that the
appellant-wife has lodged FIR U/Ss.498(A), 323,
NEUTRAL CITATION
C/FA/547/2024 ORDER DATED: 01/09/2025
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506(2) & 114 of I.P.C and U/Ss.3 & 7 of
Prohibition of Dowry Act in which acquittal was
granted to the respondent-husband and his
relatives vide order date 26.04.2022 which is in
the knowledge of both the parties.
D. That both the parties have agreed that appellant-
wife shall abide to withdraw the Recovery
application being CRMA No.1505 of 2025 filed
U/s. 144(2) of BNSS pending before the Ld.
Family Court, Ahmedabad to recover the
maintenance amount i.e. Rs.1,35,000/- due from
14.08.2018 to 14.05.2025 in which the calculation
of the said amount found to be incorrect and
excessive as agreed by the appellant-wife during
mediation proceedings.
E. That the appellant-wife had filed application
U/s.125 of CRPC before the Ld. Family Court,
Ahmedabad in which the Ld. Family Court was
pleased to pass order dated 05.10.2023 for
Rs.5,000/- towards maintenance from the date of
application i.e. 14.08.2018. In which, both the
parties have agreed that as per order of the Ld.
Family Court, Ahmedabad, the appellant-wife has
confirmed that she has received entire amount of
maintenance which comes to Rs.2,90,000/- from
the respondent-husband.
F. That the respondent-husband has agreed that he
has already deposited Rs.5,00,000/- towards
permanent alimony to the appellant-wife as per
NEUTRAL CITATION
C/FA/547/2024 ORDER DATED: 01/09/2025
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the order dated 09.11.2023 passed by the Ld.
Family Court, Ahmedabad in Family Suit no.1121
of 2018 for obtaining decree of divorce. Hence,
the appellant-wife shall withdraw the said amount
of Rs.5 Lakhs from the Ld. Family Court,
Ahmedabad.
G. That in addition to the above-mentioned amount
of Rs.Five Lakhs only/- (5,00,000/-) towards
permanent alimony, the respondent-husband has
further agreed to pay additional amount of
Rs.5,21,500/- (Rs.Five lakhs twenty One thousand
five hundred only) by means of Demand Draft
towards full and final settlement in favour of the
Registrar High Court of Gujarat before this
Hon'ble Court on the date of hearing and as
agreed by both the parties, the said Demand
Draft shall be disbursed in favour of the appellant
wife after the withdrawal of C.R.M.A No.
1505/2025 filled by the appellant wife for
recovery of maintenance amount pending before
the Learned Family Court, Ahmedabad. In view of
the same, the appellant-wife shall withdraw the
First Appeal No.547 of 2024 filed before this
Hon'ble Court.
H. That the respondent-husband has also agreed to
return back Brass utensils as well as A.C.,
Washing Machine and Fridge to the appellant-
wife.
I. That both the parties have agreed not to interfere
NEUTRAL CITATION
C/FA/547/2024 ORDER DATED: 01/09/2025
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in the life of each other under any circumstances
and the appellant-wife has agreed that she shall
not claim any amount and any movable or
immovable property from the respondent-
husband in future under any head or under
pretext whatsoever.
J. Both the parties have agreed that all the disputes
between the parties herein above stands settled
by executing this agreement and both the parties
are bound to follow the terms of settlement
strictly.
4. In view of the aforesaid, the appeal stands disposed of
in terms of Memorandum of Understanding. Accordingly, judgment
and decree dated 09.11.2023 passed by the Judge, Family Court
No.2, Ahmedabad in Family Suit No.1121 of 2018 is confirmed in
terms of MoU. The parties are directed to abide by terms of MoU.
5. In view of the order passed in the main appeal, Civil
Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J)
(NSSG,J)
SHITOLE
