The court emphasized the best interests of the children and the need for maturity in conducting severed ties in divorce cases.

ORDER :

1. Both the sides are before this Court whom we had referred to the High Court Mediation Centre and they have already arrived at the agreement. The terms of their agreement, translated officially by the Department of Translation, are as follow:

“(1) The marriage between us - both the parties was solemnized as per Hindu custom and ritual at Bhavnagar on 16.01.2004 and we became husband and wife since then and in this way, we - the parties are husband and wife. Out of the wedlock, the party of the first part has given birth to two children, namely Dhruvi aged 17 years and Harshil aged 8 years. Both the children live with me - the party of the first part and pursue their study at present.

(2) Since many years of the marriage life of the parties have passed with a difference of opinion and as both the children were getting older and no consensus between the both was being reached, the party of the first part filed a case for divorce in the Bhavnagar Court in 2018 and the same was registered vide Family Suit No. 234/2018 in the Family Court. But, a divorce was not granted in the said case. The judgment was passed on 18.01.2022. Challenging it, the party of the first part filed First Appeal No. 3148/2022 in the Gujarat High Court praying to set aside the judgment of the lower court rejecting divorce and to grant a divorce. In this case, Hon'ble Ms. Justice Sonia Gokani and Hon'ble Ms. Justice Nisha Thakore referred the matter to mediation for settlement, in which, Shaileshbhai Parikh was appointed as a Mediator. A discussion of settlement was carried out. The party of the other part agreed to get the order of the lower court set aside and have the appeal filed by the party of the first part in the High Court allowed if he remains free from any liability and both the parties, by stating that they will prepare and submit a draft of conditions of the settlement, have fixed the conditions of the settlement, which are as follows.

Conditions of settlement:

(1) It has been 18 years of our marriage life and as difference of opinion and dispute take place between us, the elders of both the parties and the caste leaders tried to bring a settlement, but no settlement was reached between us - the parties and due to disagreement in that regard and great disparity and incompatibility between both the parties in behaviour, conduct and thoughts required to enjoy a marriage life and since we - both the parties cannot lead a happy and orderly marriage life in any circumstances and there is a huge difference of opinion and disagreement between us - both the parties and the family members, it appears that our marriage life cannot survive and we cannot enjoy the marriage life by living together under any circumstances in future and there is no possibility of such circumstances taking place in future and therefore, considering future of ourselves and each other, we - both the parties decided to get separated and take divorce willingly and voluntarily and prepared this document for divorce and dissolve today our marriage life and the relation as husband and wife.

(2) We have brought an end to our marriage life from today and therefore, there does not remain any right or liability of us - the parties towards each other as a husband and a wife. Each of the parties is free to marry and may marry any other person independently as per their choice and will and none of us - the two parties shall raise any objection or dispute or file any police case or court case in this regard in future and in case any of the parties gets married anywhere else after getting divorced, none of us - the parties shall use any tactics or intrigues or do any harassment.

(3) I, Party of the First Part, have not made any demand about the maintenance. Further, I, Party of the First Part, shall not demand, in future, from the Second Party any maintenance in capacity of a divorced wife. I, Party of the First Part, forgo my rights and entitlement for maintenance, permanently. Further, I