By this petition, the petitioner has challenged the order dated 12.5.2009 passed below exhibit-42 in Criminal Miscellaneous Application No.790 of 2008 by the learned Principal Judge, Family Court, Surat whereby, the application made by the petitioner for maintenance has been dismissed and seeks direction to the respondent No.2 to pay maintenance of Rs.7,000/- per month to the petitioner.
Today, both the contesting parties, that is, petitioner - Bhavnaben Manharbhai Lad and the respondent No.2 - Manharbhai Ishwarbhai Lad are present before the Court and have tendered consent terms dated 26.3.2012 signed by both the parties. The same is taken on record. The learned advocates for the respective parties have submitted that the petition be disposed of in the light of the consent terms.
The petitioner herein had filed the above referred Criminal Miscellaneous Application No.790 of 2008 in the Family Court, Surat under section 125 of the Code of Criminal Procedure, 1973 seeking a monthly maintenance of Rs.7,000/-. By the impugned order dated 12.5.2009, the learned Principal Judge, Family Court, Surat rejected the said application for the reasons stated in the said order.
Now, the contesting parties, that is, the petitioner and the respondent No.2 - husband have arrived at an amicable settlement whereby, they have agreed as follows :
[A]. The respondent No.2 - husband herein shall pay an amount of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) to the petitioner - wife herein, as permanent alimony in cash. The respondent No.2 - husband herein shall also pay an additional amount of Rs.10,000/- (Rupees ten thousand only) to the petitioner - wife towards the Post Office Savings. The petitioner - wife shall issue a receipt in this regard to the respondent No.2 - husband.
[B] Both the parties shall file a joint petition for divorce under section 13(B) of the Hindu Marriage Act in the Family Court, at Surat, for obtaining a decree of divorce by mutual consent.
[C] Both the parties shall withdraw all the pending litigations against each other. More particularly, the petitioner - wife shall withdraw First Appeal No.330 of 2011 filed by her before the Hon'ble High Court for restitution of conjugal rights as well as Criminal Miscellaneous Application No.569 of 2010 filed by her in the Hon'ble Family Court, at Surat, inter alia, seeking custody of minor children. Neither of the parties shall file any other proceedings against each other in the future.
[D] The petitioner - wife shall forgo her right to maintenance and right to residence and shall not seek any maintenance or residence rights against the respondent - husband.
[E] The petitioner - wife shall not seek custody of the minor children who are living with the respondent - husband. However, the petitioner - wife shall have the right to meet the children once in every month in the first week of the said month.
[F] The following items will be returned by the respondent - husband to the petitioner - wife :
Cup-board (Iron) Sewing Machine Old Clothes One pair of Silver Sankla (to be worn in legs) Two golden Jer (to be worn in nose) Original School Leaving Certificate of petitioner - wife.
The above referred items will have to be collected on behalf of the petitioner - wife from the residential address of the respondent - husband on or before 15.4.2012.
[G] In view of the above referred settlement arrived at between the parties, both the parties do not press for any of the allegations levelled against each other.
[H] Pursuant to the divorce, both the parties will be at liberty to get married to a partner of their own choice, if they so desire."
In the light of the settlement arrived at between the parties referred to hereinabove, nothing further remains to be done in the present petition. The petition is, accordingly, disposed of in the light of the aforesaid consent terms. The parties shall, accordingly, abide by the terms agreed between them. Notice is discharged with no order as to costs.
[HARSHA DEVANI, J.] parmar* Top