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2022 Supreme(Guj) 1041

SONIA GOKANI, NISHA M. THAKORE
Dipak Kashinath Parthe – Appellant
Versus
Geeta Rameshbhai Varma – Respondent


Advocates Appeared:
For the Appellants : Ms. Khushbu P. Vyas.

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, Occupati

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