Gujarat High Court
Kamleshkumari Shravankumar Shukla vs Parvatiben Ramprasad Shukla on 24 October, 2018
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/10700/2015 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10700 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS JUSTICE SONIA GOKANI
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1 Whether Reporters of Local Papers may be allowed to
see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or any
order made thereunder ?
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KAMLESHKUMARI SHRAVANKUMAR SHUKLA
Versus
PARVATIBEN RAMPRASAD SHUKLA
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Appearance:
HCLS COMMITTEE(4998) for the PETITIONER(s) No. 1
MR JEET J BHATT(6154) for the PETITIONER(s) No. 1
MS KRINA P CALLA, ASST. GOVERNMENT PLEADER(1) for the
RESPONDENT(s) No. 3,4
MR TEJAS D SHUKLA(5312) for the RESPONDENT(s) No. 2
MR VAIBHAV A VYAS(2896) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 24/10/2018
ORAL JUDGMENT
1. This Court on 17.10.2018 passed the following Page 1 of 6 Downloaded on : Sat Aug 31 22:33:28 IST 2019 C/SCA/10700/2015 JUDGMENT order: "Parties have worked out an amicable settlement amongst themselves and according to the learned advocate appearing for respondent No.1, MOU has also been prepared. Let the same be produced on October 23, 2018, since learned advocate, Mr.Jeet Bhatt appearing for the petitioner has filed leave note.
Let the matter appear on October 23, 2018."
2. Pursuant to the said order, today Memorandum of Understanding dated 24.10.2018 has been brought on record arrived at by and between petitioner Smt. Kamleshkumari Shravankumar Shukla and respondent No.2 Mr. Shravankumar Shukla.
3. Following are the vital terms and conditions governing the settlement of disputes between the parties: "1) That the second party will pay a total sum of Rs.8,50,000/ (Eight Lacs Fifty Thousand only) to the first party as full and final settlement amount towards all her past, furture and present claims of maintenance and permanent alimony. Ouf to eh said amount an amount of Rs.7,50,000/ will be paid to the party to the first part at the time of vacating the premises in question i.e. House NO.547/3560, Vidhyachalnagar, Gujarat Housing Board, Chandkheda, Ahmedabad.
2) That the First Party will vacate the above referred premises where she is presently living and hand over the vacant and peaceful possession thereof to Smt. Parvatiben Shukla. That the First party will carry with her all her belongings form the aid premise which are Page 2 of 6 Downloaded on : Sat Aug 31 22:33:28 IST 2019 C/SCA/10700/2015 JUDGMENT mentioned herein in the annexure appended hereto as AppendixI in the present MOU and no other item shall be taken out of the said premises. That the First party will vacate the said premises within a period of 4 weeks from the date of MOU or when she finds other suitable residential premises on rent in the Chandkheda area, whichever is earlier.
3) That after the payment of the above referred amount of Rs.7,50,000/ to the first party and upon vacating the above referred premises by the first party, both the parties will file an application for Divorce with Mutual Consent before the concerned Court having jurisdiction.
4) That the remaining amount of Rs.1,00,000/ will be paid on the day on which the Decree of divorce by mutual consent is passed by the competent Court.
5) That it is also agreed by both the parties that they shall withdraw all the allegations made against each other in all the proceedings and also both the parties undertake that they will not defame or make any allegations on each other's character to bring discredit or reproach upon; to dishonour, to lower in credit or esteem or try to harm the reputation of either parties before any other person, entity or any organisation.
6) It is agreed that after the execution of the terms and conditions stated above in the present MOU there shall be no claim left between the parties against each other in any manner whatsoever regarding the matrimonial relationship. The first party shall not raise any claim or right over the properties immovable or movable of the second party or his parents and relatives in future. The First Party shall not file any other criminal or other complaint against the second party or his family members regarding the matrimonial disputes.
7) Both the parties have executed this MoU by mutual consent and without any force, coercion, misrepresentation, pressure from any corner and after going through and Page 3 of 6 Downloaded on : Sat Aug 31 22:33:28 IST 2019 C/SCA/10700/2015 JUDGMENT understanding the contents of the same."
4. Parties are before this Court. Learned advocates representing both the sides are also present.
5. Learned advocate Mr. Tejas Shukla for respondent No.2 has urged that the cheque of Rs.7.5 lakhs (Rupees Seven Lakh Fifty Thousand only) in favour of the petitioner Smt. Kamleshkumari Shukla being Cheque No.000001 (Account No.10831500001584) drawn on HDFC Bank, Chandkheda Branch, Ahmedabad is ready and is being handed over today to the petitioner.
6. Learned advocate Mr.Jeet Bhatt for the petitioner submits that the petitioner does not have any bank account at present. She, in the past had one account, which has been closed for want of any amount. He ensures to get the bank account opened in the State Bank of India, Chandkheda branch for attempting to open her account at the earliest within 24 hours on receiving the application. Once the cheque is honoured, the parties may move for preferring a Page 4 of 6 Downloaded on : Sat Aug 31 22:33:28 IST 2019 C/SCA/10700/2015 JUDGMENT petition for divorce by mutual consent. Sum of Rs.01 lakh (Rupees One Lakh Only) shall be deposited with the High Court Registry within one week. The said amount of Rs.01 lakh shall be fixed deposited for a period of 08 weeks and this amount shall be disbursed in favour of the petitioner, while once the decree of divorce by mutual consent is passed.
7. Learned advocate Mr. Jeet Bhatt for the petitioner, on instructions, submits that the petitioner and her sons shall vacate the premises of respondent No.1 on 28.10.2018.
8. Let peaceful and vacant possession be handed over to respondent No.1 latest by 11:00 a.m. on 29.10.2018. The petitioner and her sons shall carry all her belongings as worked out by the parties let there be no disputes with regard to the same when the petitioner parts and let the entire process be conducted peacefully and in a dignified manner. The parties shall scrupulously abide by the terms and conditions of this Memorandum of Understanding. In the event of Page 5 of 6 Downloaded on : Sat Aug 31 22:33:28 IST 2019 C/SCA/10700/2015 JUDGMENT difficulty either side is permitted to approach this Court.
9. With this matter having ended by amicable settlement and mutual consent, the order of District Collector, Ahmedabad passed in Appeal Case No.07 of 2014 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is quashed and set aside only to the extent of directing the petitioner to go and reside with the petitioner at the Government quarters situated behind KLM Block, Ahmedabad. So far as direction of paying the maintenance of Rs.4000/ to the mother (respondent No.1) as directed by the District Collector, Ahmedabad is concerned , is not being disturbed in any manner.
10. This petition, accordingly, stands disposed of. No order as to cots.
Direct service is permitted today.
(MS. SONIA GOKANI, J. ) SUDHIR Page 6 of 6 Downloaded on : Sat Aug 31 22:33:28 IST 2019