IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2986 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/FIRST APPEAL NO. 2986 of 2025 ==========================================================

PINALBEN JIGNESHBHAI MISTRY D/O. BHAILALBHAI SOLANKI Versus JIGNESHBHAI SURESHBHAI MISTRY ==========================================================

Appearance:

DHWANI Y CHANDARANA(8383) for the Appellant(s) No. 1 MR. JAY Y PATHAK(16243) for the Defendant(s) No. 1 PARTH Y PATHAK(7528) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 16/02/2026

ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

Captioned appeal is filed against the judgment dated

25.04.2024 whereby, the Family Suit no.44 of 2022 filed by the respondent – husband under section 13 of the Hindu Marriage Act, 1955, seeking dissolution of the marriage, is allowed. Being aggrieved, the appellant – wife has preferred the captioned appeal.

2. During pendency of the proceeding, the matter was referred to the mediation centre. Ms Dhwani Y. Chandarana, learned advocate for the appellant states that mediation is successful and the parties, have executed a Memorandum of Understanding. Same is directed to be taken on record. The understanding reads thus:-

“MEMORANDUM OF UNDERSTANDING

1. This Hon'ble High Court of Gujarat at Ahmedabad vide order dated 08/01/2026 had referred the matter to the Gujarat High Court Mediation Centre and Mr. Dhruv K. Dave, Advocate has been appointed as Mediator in this matter.

2. The comprehensive mediation sessions were held with the parties on 29.01.2026 and 06.02.2026 respectively.

3. That with the kind indulgence of the Mediator and the Advocates, the parties have agreed and decided to resolve their disputes amicably and accordingly this memorandum of understanding is being executed in the presence of the Mediator and the parties and their relatives.

4. Ms. Pinalben Jigneshbhai Mistry D/o. Bhailalbhai Solanki and Jigneshbhai Mistry hereby declare and confirm that they have been living separately from each other since 20.04.2018.

5. Both the parties have agreed to settle this dispute finally on consideration of Rs.13,00,000/-(Rs. Thirteen Lakhs only) to be paid to Pinalben Jigneshbhai Mistry d/o. Bhailalbhai Solanki. Jignesh Sureshbhai Mistry will deposit Rs.13,00,000/- in the Saving Bank Account of Pinalben Bhailal Solanki being No.32224303968 having IFSC NO- SBIN0008278 in the Muktinagar, Near Shaktinath Mahadev Branch at Bharuch on or before 20.02.2026.

6. In view of settlement Pinalben hereby agrees to withdraw all other proceedings of recovery, maintenance or any matrimonial proceedings between the parties. The appellant-wife has also preferred Criminal Revision Application with delay application being CRMA/20200/2024 which is pending before this Hon'ble Court for enhancement of maintenance. All the matrimonial proceedings in nature civil or criminal of family suit, maintenance, domestic proceedings shall be withdrawn on or before 7th March 2026.

7. Both the parties hereby agree that the amount as mentioned above will be final amount of settlement between Jignesh Sureshbhai Mistry and Pinalben Jigneshbhai Mistry d/o. Bhailalbhai Solanki and thereafter, Pinalben will not claim further amount by any means and the above-mentioned amount as in permanent alimony.

8. Both the parties have agreed not to file any civil or criminal proceedings against each other with regard to their disputes and judgment under challenged be modified up-to aforesaid terms. Both the parties hereby agree and undertake that they will not harass each other either physically or mentally in future in this regard by themselves, or through their relatives or through any other third person in future in India or Abroad.

9. It is agreed that the parties shall not claim any rights under any head or in any form against each other in this r