The court upheld the validity of an amicable settlement in divorce cases, recognizing the irretrievable breakdown of marriage as a basis for granting a decree of divorce.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed under the provision of Section 19 of the Family Courts Act, 1984 by the appellant wife-original plaintiff against the respondent husband challenging the judgment and decree dated 21.9.2023 passed by learned Principal Judge, Family Court, Jamnagar (hereinafter referred to as the "Family Court") in Family Suit No.131 of 2022 filed under Section 7 of the Family Courts Act r/w Sections 2(ii), 2(iv) and 2(ix) of the Muslim Marriage Act. By the impugned judgment and decree, learned Family Court rejected the Family Suit filed by the present appellant for dissolution of marriage.

2. Heard Mr. Makbul Mansuri, learned advocate for the appellant-wife and Mr. Krunal L. Shah, learned advocate for the respondent- husband.

3. It appears from the record that the appellant-wife and respondent-husband both are from muslim community. The appellant-wife went Rajkot to study engineering in Marwadi Education Foundation, where she came in contact with the respondent-husband. Their marriage (Nikah) was solemnized on 30.04.2019 in Junagadh and the same was registered under Registration of Marriage Certificate dated 16.05.2019 being registration No.007MR20190000944.

3.1 Immediately after marriage, the husband deserted the wife and therefore, they decided to stay separately and therefore, wife returned to her parental home at Jamnagar. After separation, the appellant-wife is residing in Jamnagar and respondent husband is residing in Rajkot.

3.2 Thereafter, they both filed complaint before the Mahila Police Station, Rajkot against each other. Then on 24.11.2021, the appellant wife issued notice to the respondent husband seeking divorce by consent, which was replied by the husband on 6.12.2021.

3.3 In view of the aforesaid facts, and more particularly since the respondent husband has neglected and failed to provide maintenance and also failed to perform marital obligation for more than 3 years, the appellant wife was constrained to prefer suit being Family Suit No. 131 of 2022 before learned Family Court, Jamnagar for dissolution of marriage as per provisions of Sections 2(ii), 2(iv) and 2(ix) of the dissolution of the Muslim Marriage Act.

3.4 After hearing both the parties and after evaluating the evidence and after going through the relevant material and documents placed before it, learned Family Court passed judgment and decree dated 21.9.2023 and rejected the suit filed by the wife.

3.5 Being aggrieved and dissatisfied with the impugned judgment and decree passed by learned Family Court, the appellant wife has preferred present appeal.

4. On 12.07.2024 this Court has passed the following order:-

"Though served, nobody appeared.

ADMIT. To come-up for final hearing on 25th November, 2024."

5. Today, when the appeal is taken up for hearing, both the learned advocates for the respective parties, who are present before this Court, have submitted that the appellant-wife and the respondent-husband have settled the matrimonial dispute and arrived at an amicable settlement and they have entered into agreement i.e. Memorandum of Understanding (“MoU” for short) on certain terms and conditions mentioned in the MoU. The parties have produced notarized MoU dated 3.3.2025 before this Court.

6. The terms and conditions of the MoU dated 3.3.2025 read as under:-

"MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (MoU) is made and executed on this day of 3rd March 2025 at Ahmedabad by and between:

1. Mrs. Shamma Jahan wife of Nazeer Siddibhai Pattani; daughter of Mr. Mohmmed Shamim Sheikh aged about 24 years, residing at behind Ashutosh Pump, Near Jam Roadways, Opposite Shreeji Shipping, Bedeshwar, Jamnagar, herein after referred to as "The First Party".

2.. Mr. Nazeer Siddibhai Pattani; Aged about 31 years, residing at Ganesh Society, Rampujadham, Gondal Road, Rajkot 36002, herein after referred to as "The Second Party".

3. It is submitted that "the first party" was pursuing her B. E. Chemical in Marwadi Engineerin