The central legal point established in the judgment is the significance of mutual consent and the dissolution of marriage by mutual consent, and the consequences of default in the settlement agreement.

ORDER :

1. This appeal is preferred seeking to challenge the judgment and decree dated 30.10.2018 passed by the learned Principal Judge, Dahod in Family Suit No. 44 of 2017, whereby the Court has de-solved the marriage which had been performed on 9th May, 2014 between the parties.

2. After the Court has substantially heard the parties, the parties had expressed their wish to explore the possibility of amicable settlement. Accordingly, they had requested the learned advocates and also learned AGP Ms. Tripathi to make an attempt. It is heartening to note that the consent terms have been arrived at as per the final settlement, which will be required to be reproduced:

“CONSENT TERM AS PER THE FULL AND FINAL SETTLEMENT

The parties hereto have settled the entire dispute amicably, on certain terms and conditions; that same are reproduced herein:

1. That the appellant-wife herein has preferred the impugned First Appeal with a prayer to quash and set-aside the order and judgment dated 30.10.2018 passed by the learned Principal Judge, Family court, Dahod in Family Suit No. 44 of 2017. That the opponent husband herein had filed said suit; whereby the learned Principal Judge, Family court, Dahod allowed the Family Suit No. 44 of 2017. That being aggrieved by said Judgment and decree dated 30.10.2018 passed by the learned Principal Judge, Family court, Dahod present 2 appellant-wife challenged the same before this Hon’ble Court by way of the First Appeal No. 4878 of 2019.

2. On 09.05.2014 marriage of the present appellant was solemnized with opponent herein and out of the said wedlock, no child had born due to some matrimonial dispute, both are residing separately.

3. That now the matter is settled between both the parties and the opponent-husband herein is ready and willing to pay Rs. 9,00,000/- as full and final permanent alimony of to Rs. 9,0,000/- as full and final permanent alimony of to the Appellant-wife, which is also accepted by the Appellant-wife. That accordingly the appellant-wife is permanently waiving her right for getting maintenance from the opponent-husband and also permanently waives right over property/Properties of the opponent-husband. That appellant-wife is also waiving her right maintenance in future.

4. That Appellant-wife is also filed domestic violence act complaint being criminal complaint no. 383 of 2015 before the learned Judicial Magistrate, Sanand, Ahmedabad which the appellant undertakes to withdraw the said complaint, on the day of receiving full and 3 final settlement amount of Rs. 9,0,000/- as full and final permanent alimony of to Rs. 9,00,000/- from the opponent-husband. The parties have amicably understood and declared that will not file any proceeding in future, against each other; under the any provision of the domestic violence act, any provision of the Code of criminal procedure, Indian Penal Code and any provision of the Code of Civil Procedure and also any provision of Hindu Marriage act.

5. That the opponent-husband is ready and willing to pay amount of Rs. 9,00,000/- full and final permanent alimony by Rs. 9,00,000/- as full and final permanent alimony of to way of equal installments. Details of the installments and postdated cheques drawn on ICICI Bank, New C.G. Road Branch, are as under:

S. No.	Cheques No.	Date	Amount
1.	391738	06.10.2022	Rs. 1,12,500/-
2.	391739	06.11.2022	Rs. 1,12,500/-
3.	391740	06.12.2022	Rs. 1,12,500/-
4.	391741	06.01.2023	Rs. 1,12,500/-
5.	391742	06.02.2023	Rs. 1,12,500/-
6.	391743	06.03.2023	Rs. 1,12,500/-
7.	391744	06.04.2023	Rs. 1,12,500/-
8.	391745	06.05.2023	Rs. 1,12,500/-
		TOTAL	Rs. 9,00,000/-

6. That if the opponent-Husband fails to make full payment of 9,00,000/- to appellant-wife in that 4 case, aforesaid Rs. 9,00,000/- as full and final permanent alimony of to