Gujarat High Court
Jinal W/O Gunjan Arvindbhai Patel D/O ... vs Gunjan Arvindbhai Patel on 11 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/57/2024 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 57 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 57 of 2024
With
R/FIRST APPEAL NO. 62 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 62 of 2024
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JINAL W/O GUNJAN ARVINDBHAI PATEL D/O RAJESHBHAI AMRUTLAL
SHAH
Versus
GUNJAN ARVINDBHAI PATEL
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Appearance:
MR. NISARG D SHAH(7299) for the Appellant(s) No. 1
MS POOJA D SHAH(13905) for the Appellant(s) No. 1
NAMAN H KINKHABWALA(8831) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 11/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeals are filed by the appellant-wife. First Appeal No.57 of 2024 is filed against judgment and decree dated 08.12.2023 passed by the Principal Judge, Family Court, Godhara in Family Suit No.26 of 2018, whereby the Family Court ordered dissolution of marriage between the parties solemnized on Page 1 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:34:05 IST 2025 NEUTRAL CITATION C/FA/57/2024 ORDER DATED: 11/08/2025 undefined 17.05.2009 and thereby allowed the suit filed by the respondent- husband. First Appeal No.62 of 2024 is filed against judgment and decree dated 08.12.2003 passed by the Principal Judge, Family Court, Godhara in Family Suit No.49 of 2017, whereby the the suit filed by the appellant-wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights came to be rejected.
2. Notice was issued on 08.01.2024 returnable on 07.02.2024. In response to the notice issued, learned Advocate Mr.Naman Kinkhabwala appeared for the respondent-husband.
3. Today, when the matters are taken up for hearing, learned Advocates for the parties jointly reported that the matters are amicably settled between the parties and consent terms are executed between the parties on 07.08.2025 and the parties have mutually decided to dissolve the marriage. The terms of the consent terms read as under:-
"1. The Appellant and the Respondent have agreed to proceed with the grant of divorce in First Appeal No. 57 of 2024 by way of mutual consent, thereby expressly removing and eliminating the previously recorded grounds of mental cruelty under which the original decree of divorce was granted. The Appellant and the Respondent respectfully pray that this Hon'ble Court may be pleased to modify the original decree by Page 2 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:34:05 IST 2025 NEUTRAL CITATION C/FA/57/2024 ORDER DATED: 11/08/2025 undefined confirming decree on the ground of Mutual Consent of divorce u/s 13 (A) in the present appeal.
2. In view of divorce decree confirmed in First Appeal No. 57 of 2024, the appellant hereby withdraws the First Appeal No. 62 of 2024 and the same be disposed of as withdrawn.
3. The Appellant and the Respondent have amicably resolved all their respective claims-including those relating to dowry, stridhan, interim and permanent maintenance, alimony, medical, residential, and any other past or future financial liabilities-through a full and final lump-sum settlement of Rs.50,00,000/- (Rupees Fifty Lakhs only).
4. The respondent shall give back the Stree Dhan which was received by the appellant from her parental home. The appellant undertakes to give back the ornaments to the respondent which she has received from her matrimonial side. The Appellant Wife agrees and undertakes not to raise any further claims, demands, or legal proceedings against the Respondent under any law in India or abroad.
5. The appellant wife undertakes that she and Yashvi (Daughter) will stay in the house of the petitioner till 31/03/2026 and shall leave the house on 31/03/2026. The settlement amount shall be paid by Bank Draft drawn in the name of Page 3 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:34:05 IST 2025 NEUTRAL CITATION C/FA/57/2024 ORDER DATED: 11/08/2025 undefined 'JINAL G PATEL'and shall be deposited with the Appellant, which may be tendered upon compliance of the consent terms. The Rs.50,00,000/- shall be handed over to the Appellant wife on 31/03/2026 i.e. on the day when the appellant wife has agreed to leave the matrimonial house or deposit in the bank account through RTGS/NEFT.
6. The Respondent agrees and undertakes to bear the actual expenses occurred towards her daughter namely Yashvi towards her Educational Expenses (School, Tuitions, College/University Expenses if in case Abroad Study in future), Educational Uniforms, Stationary for study, Food, Travelling towards Educational Institutes, Expenses towards Marriage, Pocket Money for herself only. The respondent undertakes to bear the aforesaid expense of higher education of the daughter namely Yashvi which she will secure upon her own merits. The respondent has no objection if the daughter Yashvi keeps the Activa with herself.
7. The Appellant and the Respondent agree that upon execution of this settlement, they shall initiate the process of withdrawal of all respective cases listed herein and shall fully cooperate in doing so. Both parties undertake to take all necessary steps and actions required in connection with each matter and shall ensure that the withdrawal of all such proceedings is Page 4 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:34:05 IST 2025 NEUTRAL CITATION C/FA/57/2024 ORDER DATED: 11/08/2025 undefined completed within Thirty (30) days from the date of signing this deed.
8. Matters to be Withdrawn by the Appellant Sr. Case Case No. & Court How it will be No. Description Withdrawn 1 Appeal under R/CR.RA/1642/2023 Unconditionall Section 125 CrPC Gujarat High Court y withdrawn 2 Appeal under R/F.A. No.62/2024 Withdrawn as Section 9 - Gujarat High Court infructuous in Restitution of light of divorce Conjugal Rights
9. Right to be Forgotten: The Appellant and the Respondent agree and undertake to jointly file a writ petition before the Hon'ble Gujarat High Court seeking enforcement of their Right to be Forgotten. The petition shall seek the removal and de-indexing of all online, digital, or print content-including media articles, court judgments available on public websites, and any social media content-related to their matrimonial proceedings.
Both parties agree to cooperate fully in the process and undertake to provide all necessary affidavits, consents, and personal appearances as may be required by the Court. This joint initiative is undertaken to safeguard their personal dignity, privacy, and reputation."
4. In view of the amicably settlement of dispute between the parties, learned Advocate for the appellant-wife seeks Page 5 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:34:05 IST 2025 NEUTRAL CITATION C/FA/57/2024 ORDER DATED: 11/08/2025 undefined permission to withdraw these appeals. Permission is granted. The appeals stand disposed of as withdrawn. Notice is discharged. No order as to costs. The parties are directed to abide by terms of consent terms.
5. In view of withdrawal of the main appeals, Civil Applications do not survive. Disposed of accordingly.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 6 of 6 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:34:05 IST 2025