Mediation settlements in matrimonial disputes uphold agreements on maintenance and custody terms as final.

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. These two appeals have been preferred against the judgment and order dated 13.06.2024 passed in Family Suit no. 05 of 2022 by learned Principal Judge, Family Court, Palanpur.

2. Essentially, the case is arising out of the matrimonial dispute which pending the appeal was referred to the Mediation Centre attached to this Court under Order dated 08.09.2025. Today, when the matter is taken up, learned advocate for both the parties are present before the Court and have submitted a successful conclusion of the Mediation and the Report of the mediator dated 06.10.2025 is also placed on record. According to the Report, the Memorandum of Understanding, mediation is reported to be successful in view of the settlement mentioned in the Memorandum of Understanding.

3. The Court has perused the Memorandum of Understanding which is placed on record and learned advocate for the respective parties, under the instructions, have confirmed that each of the party comply with the terms of the Memorandum of Understanding.

4. At request, it is recorded that in case either of the party does not comply with the terms of the Memorandum of Understanding, parties would be at liberty to make necessary application for reviving the First Appeals.

5. The terms and conditions of Memorandum of Understanding are as under :

“(A) Both the parties have agreed that husband Dr. Harshkumar Kishorbhai Patel shall pay Rs.39,00,000/- (Rupees Thirty-nine Lacs Only) towards full and final settlement for the maintenance of wife and daughter- Trisha Patel as per details given under:

Appellant- Husband shall deposit Rs.39,00,000/-

(Rupees Thirty-nine Lacs Only) towards the maintenance/alimony for both as mentioned above on or before 10.04.2026 in the High Court of Gujarat by way of account payee cheque in favour of “The Registrar, High Court of Gujarat” at Ahemdabad. The copy of the receipt fo the payment made by the husband shall be handed over to the advocate of the Respondent-wife.

As per Installments given as under:

1) First Installment- Rs.15,00,000/- shall be paid on or before 10.12.2025 in the High Court of Gujarat by way of account payee cheque in favour of “The Registrar, High Court of Gujarat’ at Ahemdabad.

2) Second Installment- Rs.10,00,000/- shall be paid on or before 10.02.2026 in the High Court of Gujarat by way of account payee cheque in favour of “The Registrar, High Court of Gujarat” at Ahemdabad.

3) Third Installment- Rs.14,00,000/- shall be paid on or before 10.02.2026 in the High Court of Gujarat by way of account payee cheque in favour of “The Registrar, High Court of Gujarat” at Ahemdabad.

Thus, total Rs. 39,00,000/- shall be paid as mentioned above on or before 10.04.2026.

(B) After thee amount of Rs.39,00,000/-(Rupees Thirty-Nine Lacs Only) deposited by the Appellant- husband, in the High Court of Gujarat at Ahmedabad, the Respondent-wife, in the High court of Gujarat at Ahmedabad, the Respondent-wife will give her consent for allowing two appeals the First Appeal No.3129 of 2024 to quash the judgement dated 13.06.2024 passed by the learend Family Principal Judge, Family Court, Palanpur@Banaskantha dated on 13.06.2024 in Family Suit No.13 of 2020. The Respondent-wife shall withdraw her Execution Application No EXC/R/7 of 2024 for restitution of congaugal rights filed before Hon’ble Family Court, Palanpur@Banaskantha. The Respondent-wife shall withdraw her recovery applications filed at Principal Judge, Family Court, Palanpur, bearing No. CRMA/J/3 of 2025 and CRMA/ J/164 of 2025 pending before the Hon’ble Family Court, Palanpur. The Respondent-wife will give her consent for allowing the First Appeals as mentioned above and withdrawal of Execution/Recovery applications as mentioned above only afte