The court applied the provisions of Order XXIII of the Code of Civil Procedure and Section 13B of the Hindu Marriage Act, 1955 to dissolve the marriage by mutual consent and enforce the consent terms.

ORDER :

(Sonia Gokani, J.)

1. The matter has already been admitted on 05.05.2022. Today the consent terms arrived at between the parties, resulting into the dispute to end permanently, have been brought on the record by learned advocate urging that in wake of this, she should be permitted to withdraw this matter.

2. The parties have already taken the divorce in a customary way making it also explicit therein that wherever necessary, parties may choose to opt for the consent decree of a competent court. Considering the nature of the dispute between the parties, instead of relegating them to go for the divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 as both of them are the Hindus, this Court has chosen to exercise that discretion as Order XXIII of the Code of Civil Procedure also provide for recording the compromise between the very parties on the subject matter, other than that of the suit.

3. The terms of their agreement, translated officially by the Department of Translation, are as follow:

“Today, on 14/07/2022, Thursday, we, the undersigned, Party of First Part: Geetaben Dipakbhai Porte d/o Rameshbhai Satyanarayan Varma, Age – around 46 years, Occupation – Housewife, Residing at – 202, Asopalav Apartment, beside D.R.M. Office, Danteshwar, Pratapnagar, Vadodara, is called the Party of First Part hereinafter, (which expression shall include herself, her heirs, successors etc.) and Party of Second Part: Dipak Kashinath Porte, Age – around 37, Occupation – Job, Residing at – S-19, Rasuljini Chali, Railway Colony, near F.C.I. Godwn, Alembic Road, Vadodara, is called the Party of Second Part hereinafter, (which expression shall include himself, his heirs, successors etc.)

We, the above mentioned parties, execute this deed of divorce and the detail thereof is given below.

(1) The marriage of the parties was solemnised on 14/03/2012 as per the Hindu rituals and customs of caste at B-6, Nikunj Apartment, Siddhnath Road, Vadodara. We registered the said marriage in the Office of the Marriage Registrar in Vadodara Municipal Corporation with Sr. No – 02674 on 30/04/2012. Since then the parties had been living together as husband and wife.

(2) Some time after the marriage, we had difference of opinions in trivial matters and we became displeased with each other. As we were different from each other in behaviour and thinking and as there was difference in our ideology, altercations and disputes occurred between us which made our relationship acrimonious. Therefore, we had to live separately from each other. The parties have been living separately from each other for more than 10 years from June – 2012. The family members of the parties made many efforts for the compromise between us, but all of them were unsuccessful. In the present circumstances, as the parties are unable to live together, the parties have voluntarily decided to get separated from each other and executed the present deed of divorce.

(3) This deed ends the relationship between the parties as husband and wife. The status of husband and wife is abolished between the parties. Thus, as the marriage of the parties has come to an end and henceforth, the parties shall be free to marry willingly. No parties shall raise objection or dispute thereof in future.

(4) As of now, the transaction took place between the parties at the time of marriage has been settled mutually and no transaction of any articles is to be done by any of the parties henceforth. No transaction of any jewelry is pending.

(5) During this wedlock, the party of the first part has not given birth to any child or the respondent no.1 is not pregnant through party of the second part and both the parties are separate from each other since June, 2012.

(6) As both the parties have ended the marriage life willingly and mutually and the party of the second part has paid lumpsum amount of Rs.1,00,000/- today by cash and amount of Rs.4,00,000/- by Cheque No.254583 dated 14/07/2022 drawn on Central Ba