IMPORTANT POINT
The court recognized the validity of mutual consent divorce under the Hindu Marriage Act, allowing parties to settle alimony and custody amicably, quashing previous allegations of cruelty.

JUDGMENT :

(MAULIK J. SHELAT, J.)

1. ADMIT. Ms.K.J.Brahmbhatt learned advocate waives service of notice of admission on behalf of the defendant no.1.

2. The present appeal is filed under Section 19 of the Family Courts Act by the appellant while challenging the judgement and decree dated 27.12.2018 passed by the Family Court, Court No.3, Vadodara, in Family Suit No.210 of 2014, whereby, the Family Court has dissolved the marriage of plaintiff-husband and defendant-wife and granted the decree of divorce in favour of the plaintiff-husband.

3. The marriage between the parties was solemnized on 28.04.2010 at Surat as per Hindu rituals and out of the wedlock, they were blessed with a daughter viz. Aahna on 03.05.2011.

4. It appears from the impugned judgement that disputes erupted between the parties which eventually resulted into filing of Family Suit No.210 of 2014 by husband seeking dissolution of marriage and praying for divorce decree.

5. During the pendency of the present appeal, an amicable settlement has taken place between the parties and they want divorce by mutual consent. Such consent terms duly executed and signed by parties are taken on record. The terms of mutual consent read as under:

1. The marriage between the petitioner and the respondent was solemnized on 28-04- 2010 at Surat as per the Hindu rites and rituals.

2. The parties have been staying separately since the year 2012. The parties have, thus, been living separately for a period of more than one year and have not been able to live together. All efforts to resolve their disputes and reconciliation have failed and the marriage between the parties has broken down irretrievably.

3. The parties submit that they have one daughter Aahana from their wedlock. The date of birth of daughter Aahana is 3-5- 2011 and her custody is with appellant-wife. Both the parties agree that the custody of daughter Aahana will remain with the appellant herein (wife).

4. The parties have arrived at an amicable settlement and wish to part ways peacefully. Parties have decided to dissolve their marriage by mutual consent by obtaining a decree of divorce under section 13(b) of the Hindu Marriage Act, 1955.

5. Therefore, it is respectfully submitted and requested to this Hon’ble Court that, without entering into the merits of the present appeal, it should be allowed with the consent of both parties, and the Judgment and Decree dated 27-11-2018 passed in Family Suit No. 210 of 2014 by the learned Judge of Family Court No.3 Vadodara be set aside with consent and this Hon’ble Court also be pleased to grant a decree of divorce under section 13(b) of the Hindu Marriage Act, 1955.

6. It is agreed between the parties that the respondent herein (Husband) shall pay Rs.40,00,000/- (Rupees Forty Lacs Only) towards permanent alimony for respondent herein (Wife) and daughter Aahana as consolidated full & final settlement. Both the parties have exchanged their gold ornaments, valuables, clothes, and all other things and nothing remains to be given or taken by/or from each other. After taking the aforesaid amount, the appellant herein (Wife) shall be treated to have amicably settled all her disputes towards past, present and future maintenance, permanent alimony and all other claimed and unclaimed dues etc. and she waives all her future right of alimony and maintenance for whatsoever she is entitled to claim for herself and daughter Aahana.

7. The respondent herein (Husband) has today handed over aforementioned amount of Rs.40,00,000/- (Rupees Forty Lacs Only) by way of two cheques both drawn on ICICI bank, City Light branch, Surat being (1) Cheque No.000253 dated 09-12-2024 for Rs.20,00,000/- (Twenty Lacs Only) and, (2) Cheque No.000254 dated 09-01-2025 for Rs.20,00,000/- (Twenty Lacs Only). The respondent herein (Husband) agrees to see that said two cheques will be honoured on their respective dates.

8. Both the parties agree, assure and give undertaking that, they will not have any right, title and i