[Cites 14, Cited by 0]
Gujarat High Court
Rupalben Maulikkumar Chauhan vs Maulikkumar Girishbhai Chauhan on 12 March, 2026
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/1581/2025 ORDER DATED: 12/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1581 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 1581 of 2025
==========================================================
RUPALBEN MAULIKKUMAR CHAUHAN
Versus
MAULIKKUMAR GIRISHBHAI CHAUHAN
==========================================================
Appearance:
ARCHANABEN B GOSWAMI(8154) for the Appellant(s) No. 1
MR MAHENDRA U VORA(3034) for the Appellant(s) No. 1
MR AKSHAY V MATANI(11363) for the Defendant(s) No. 1
MR RAJ H JOBANPUTRA(10779) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 12/03/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present First Appeal is preferred by the appellant-wife against
judgment and order dated 02-04-2025 passed by Principal Judge, Family
Court, Ahmedabad in Family Suit No.2212 of 2021.
2. Original proceedings were brought by the husband for divorce on
the ground of cruelty and desertion, which came to be allowed in favour
of the husband. Out of the matrimony, there is one child, who has been
NEUTRAL CITATION
C/FA/1581/2025 ORDER DATED: 12/03/2026
undefined
maintained by the wife.
3. Pending the Appeal, the parties have arrived at amicable settlement
dated 07-03-2026, copy of which is placed on record today. On the basis
of terms of settlement, learned Advocates for the respective parties have
prayed for disposal of the present Appeal in terms of the settlement.
4. The Court may reproduce terms of settlement, which would read as
under:-
:: Terms ::
"(A) The Second Party shall pay Rs.10,00,000/- (Rupees Ten
Lakhs Only) towards the permanent maintenance (maintenance for life)
of the First Party, and the son Ahaan. Further, the First Party will not
demand any other amount from the Second Party towards the
maintenance of the First Party, or son, Ahaan, nor will file an
application or case or claim in any Court or anywhere in the future in
this regard. Further, the First Party will not demand any other thing
besides this for me and my son from the Second Party, nor will the
First Party demand any kind of right and share in movable or
immovable property, nor will I file any claim or application or case in
the future for this, and if I do so, it shall be considered void by this
agreement.
(B) The permanent custody of the son, Ahaan of the First Party and
the Second Party shall remain with the First Party, and the Second
Party voluntarily gives up the right of custody of the child in favour of
the First Party, and the Second Party will not file any kind of
NEUTRAL CITATION
C/FA/1581/2025 ORDER DATED: 12/03/2026
undefined
application or case for the custody of the child, and if they do so, it
shall be considered void by the said agreement.
(C) The order passed by the Hon'ble Family Court of for the payment
of Rs.5000/- (Rupees Five Thousand Only) per month towards the
maintenance of the First Party, and son Ahaan, in the maintenance
case Cr.M.A. No.3312/2018 under Section 125 of the Cr.P.C. filed by
the First Party, against the Second Party, before the Ld. Family Court
on 15/10/2018, shall have to be got cancelled under Section 146(2) of
the B.N.S.S. and Section 127(2) of the old Cr.P.C., and there is and
will be a complete consent of the First Party for the same, and
whenever and wherever it is necessary, the First Party shall have to
remain present and get the order under Section 125 cancelled. Further,
since the amount of Rs.10,00,000/- is decided from the Second Party
towards the permanent maintenance for the First Party, and my son as
per the settlement, this order shall have to be considered invalid and
cancelled, and I will not demand any maintenance amount nor will I
file any application or case in the future regarding it.
(D) Besides this, the First Party has filed a complaint against the
Second Party, and the Second Party's brother, mother, and father
under Sections 498(A), 323, 294(B), 506(2), 114 of the I.P.C. and
Sections 5, 7 of the Dowry Prohibition Act, and the said case is
currently pending before the Ld. Addl. Chief Court of Ahmedabad vide
Cri. Case No.115434/2018. Further, the First Party has filed an
application against the Second Party, and the Second Party's brother,
mother, and father under the Protection of Women from Domestic
Violence Act, 2005 vide Cr.M.A. No.11248/2024, and currently, the
NEUTRAL CITATION
C/FA/1581/2025 ORDER DATED: 12/03/2026
undefined
said application is pending before the Ld. Addl. Chief Court of
Ahmedabad. In addition to this, the First Party has filed a case for
enhancement of maintenance against the Second Party vide Cr.M.A.
No.2735/2022 before the Ld. Family Court under Section 127 of the
Cr.P.C. for increasing the maintenance amount for the First Party, and
son Ahaan, which is currently pending before the Ld. Principal Family
Court. The First Party assures by this agreement that, all these three
cases shall have to be withdrawn unconditionally.
(E) The Second Party has filed an application for divorce against the
First Party under Section 13(1)(A) of the Hindu Marriage Act, 1955 in
the Ld. Family Court vide Family Suit No.2212/2021, and the
application for the divorce has been allowed by the Ld. Family Judge
on 02/04/2025 in favour of the Second Party and against the First
Party, and against the said order, the First Party, has filed an appeal
in the Hon'ble High Court of Gujarat vide First Appeal No.1518/2025,
which is currently pending before the Hon'ble High Court of Gujarat.
The First Party binds herself by this agreement that the First Party
shall withdraw the said appeal unconditionally.
(F) Further, both the parties declare by this agreement that, the
settlement has been reached between the First Party and the Second
Party at Rs.10,00,000/- and as per the settlement, the Second Party
gives a assurance to pay Rs.10,00,000/- to the First Party. The First
Party, has given consent and shown willingness to settle for the said
amount of Rs.10,00,000/- and is ready to accept the said amount of
Rs.10,00,000/-, and towards that, the Second Party has given the First
Party, Rs.5,00,000/- today as per the following details, and the First
NEUTRAL CITATION
C/FA/1581/2025 ORDER DATED: 12/03/2026
undefined
Party, has accepted it from the Second Party.
Sr. Name of Bank and Cheque Amount Date
No. No.
1. Axis Bank Ltd. Vastral Branch, Rs.4,50,000/- 07/03/2026
Cheque No. 230998 (of Second
Party's mother's account)
In addition to this, Rs.50,000/- (Rupees Fifty Thousand Only) have
been given in cash on 07/03/2025, for which this shall be considered
as the final receipt.
(G) Out of the remaining amount of Rs. 5,00,000/-, cheque
No.230999 of Rs.5,00,000/- (In words Rupees Five Lakhs only) of
AXIS Bank Limited, Vastral Branch has been issued in advance.
First Party will have to deposit the said cheque by informing the
Second Party only after the First Party withdraws the appeal filed
before the Hon'ble High Court of Gujarat and order under
Section 125 is cancelled. If the Second Party defaults in paying
the said amount, First Party will be entitled to recover the said
amount from the Second Party by the way of initiating Civil and
Criminal proceedings and Second Party will be held responsible
for the cost of all such proceedings and their outcome.
(H) The First party assures to withdraw the cases mentioned in
the above mentioned condition No.(C), (D) and (E)
unconditionally and the First Party has not filed any other case
against you, the Second Party or your family members and if any
such case would have been filed, the First Party assures to
NEUTRAL CITATION
C/FA/1581/2025 ORDER DATED: 12/03/2026
undefined
withdraw such cases unconditionally. If the First Party fails to
withdraw the said cases, the First Party assures to return the
amount of Rs. 5,00,000/- given by the Second Party. If the First
Party fails to return the said amount, the Second Party will be
entitled to recover the said amount by the way of initiating Civil
and Criminal proceedings.
(I) Further, the order for divorce passed by the Ld. Family Court
below Family Suit No.2212/2021 is accepted by the First Party.
We, both, the First Party and Second Party accept the said order.
We, the First Party and the Second Party are no longer husband
and wife of each other with consent and willingness and both are
entitled for remarriage at our will. Both the parties will not raise
any objection or dispute against it. If any party raises objection
or dispute against it, it will be considered void automatically as
per this agreement. Thus, our relation and rights as a husband
and wife get terminated from today. Both the parties are free to
live their own lives.
(J) Further, we declare by this agreement that both the parties
have to return any content of the marriage, photographs, videos
or any other personal belongings to each other or to dispose
them and we will not publish such content at any place or on
social media and we will not misuse it.
(K) Further, each party will have to bear its own costs including
advocate fees and cost to withdraw the cases.
NEUTRAL CITATION
C/FA/1581/2025 ORDER DATED: 12/03/2026
undefined
(6) Thus, all the above mentioned conditions will be accepted by
and binding to both the parties and we, the parties give
assurance to comply with all the conditions and if we fail to
comply with any of the said conditions, the said agreement will
be considered void."
5. In view of the aforesaid, the decree for divorce is hereby
maintained in terms of settlement herein before the Court. Accordingly,
present First Appeal stands disposed of.
6. In view of the order passed in the main First Appeal, Civil
Application No.1 of 2025 does not survive and stands disposed of
accordingly.
(A.Y. KOGJE, J)
(NISHA M. THAKORE,J)
PARESH SOMPURA
