SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sumit Rameshchandra Joshi vs Lalita Wife Of Sumit Joshi on 8 January, 2019

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 2808 of 2018

SUMIT RAMESHCHANDRA JOSHI
Versus
LALITA WIFE OF SUMIT JOSHI

Appearance:
MR MIHIR H PATHAK(5261) for the PETITIONER(s) No. 1
MS SEJAL K MANDAVIA(436) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 08/01/2019
ORAL ORDER

(PER : HONOURABLE MR.JUSTICE K.M.THAKER)

Heard Mr. Pathak, learned advocate for the
appellant – husband and Ms. Mandavia, learned
advocate for the respondent – wife.

2. Present appellant (husband) and present
respondent (wife) solemnized their marriage on
9.2.2010 and from their wedlock, one child (named
Sarthak) is borne in September 2011.

2.1 It appears that the husband and wife (present
appellant and present respondent) separated in
October 2011.

2.2 Thereafter, both initiated various
proceedings against each other. The summary of
various proceedings read thus:­

Page 1
C/FA/2808/2018 ORDER

Sr. Case No. Hon’ble Court Name Appellant/ Respondent/ Decision Date.

No. Applicant Defet.
1. 642/12 Family Court, A’bad Lalita Joshi Sumit-Joshi 21.2.18
2. 366/13 Family Court, A’bad Sumit Joshi Lalita Joshi 08.12.14
3. 1677/12 Family Court, A’bad Lalita Joshi Sumit Joshi 18.7.18
4. 161/12 Metro Court-22, Lalita Joshi Sumit Joshi 14.8.18
(D.V.) A’bad
5 32/18 Family Court, A’bad Lalita Joshi Sumit Joshi Execution
Pending (Date
6.9.18)
6. 512/13 Metro Court-22, State of Guj. Sumit Joshi Execution
(ipc-498A A’bad Pending
323 etc.) (17.9.18)
7. DIVO Case Haldwani Court Sumit Joshi Lalita Joshi Execution
No.188/16 Pending

2.3 Present respondent (wife) instituted

proceedings under Section 9 of the Hindu Marriage
Act before the Family Court, Ahmedabad. The said
proceedings came to be registered as Family Suit
No.642 of 2012. Learned Family Court decided the
said suit vide order dated 21.2.2018 and granted
decree for restitution of conjugal rights.

2.4 Feeling aggrieved by the said decision,
present appeal came to be filed by the husband.

3. During pendency of present appeal, both sides
agreed to take recourse of mediation for
resolving their disputes.

3.1 Therefore, vide order dated 30.7.2018, the
dispute came to be referred for mediation. The
order dated 30.7.2018 reads thus:­
“1. The appeal arises out of the matrimonial proceedings.
Both the sides requested for referring the disputes for
mediation. Let both sides remain present before the High

Page 2
C/FA/2808/2018 ORDER

Court Mediation Center on 02.08.2018 at 11.00 AM. Report of
the developments may be made on the next date of hearing.
S.O to 20.08.2018.

2. Irrespective of the outcome of such deliberations, the
appellant would independently clear the entire dues of
maintenance payable by him, as per the impugned judgment of
the Family Court, to his son. Learned counsel for the
appellant stated that a sum of Rs.50,000/­ [Rupees Fifty
thousand only] would be paid on 02.08.2018. The remaining
amount would be cleared latest by 31.10.2018.

3. Since the settlement talks are going on, learned
counsel for the respondent wife stated that she will not
insist on execution of the decree for restitution of
conjugal rights.”

4. In pursuance of said order, mediation
proceeding commenced by way of Mediation Case
No.175 of 2018.

4.1 It appears that during the mediation, both
parties could resolve the dispute and amicable
settlement came to be arrived at between the
parties.

4.2 The terms of the settlement are reduced into
writing in form of Memorandum of Understanding
dated 7.9.2018 which is signed by present
appellant (husband) and present respondent
(wife), the learned advocates for the appellant
and respondent and two witnesses.

4.3 The learned Mediator has forwarded his report
to this Court vide communication dated 7.9.2018.

The said report reads thus:­

Page 3
C/FA/2808/2018 ORDER

“REPORT OF MEDIATOR

Captioned matter was referred to the Gujarat High
Court Mediation Centre vide order dated 30/07/2018 (Coram:
Hon’ble Mr. Justice Akil Kureshi and Hon’ble Mr. Justice
B.N.Karia). Their disputes were discussed at length with
the parties.

On 7th September 2018 i.e. today the parties and their
respective advocates have remained present at the mediation
centre. The parties have resolved their disputes amicably
as per the memorandum of understanding. Original settlement
signed by parties, witnesses and their advocates is
enclosed herewith.

The Appellant has paid the amount of Rs.24,50,000/­ by
three demand drafts zerox copies of these D.D. are enclosed
herewith.

The mediation is successful in view of the settlement
arrived at between the parties. It requires to be noted
that parties and respective lawyers have also contributed
satisfactorily to settle disputes between the parties.

The matter may be placed before the Hon’ble Court for
passing necessary order.”

5. Having regard to said settlement, learned
advocates for the appellant – husband and
respondent – wife today jointly submitted that
both parties now desire to file appropriate
application before learned Family Court (to
jointly seek consent decree for dissolution of
marriage).

5.1 The learned advocates jointly submitted that
so as to enable the appellant (husband) and the
respondent (wife) to approach learned Family
Court with appropriate application seeking
consent decree of dissolution of marriage, the
judgment impugned in present appeal may be, with
consent of both sides set aside and the
proceedings may be remanded to the learned Family
Court.

Page 4
C/FA/2808/2018 ORDER

6. Ms. Mandavia, learned advocate for the
respondent (wife), on instruction from the

respondent (wife), confirmed the said submission
and submitted that the respondent (wife) also
makes similar request and urges that so as to
enable the parties to approach learned Family
Court with appropriate application, judgment
impugned in present appeal may be set aside with
consent of respondent (wife) and the proceedings
may be remanded to learned Family Court.

7. Learned advocates for the appellant – husband
and respondent – wife also submitted that except
the proceedings at Sr. No.7, all proceedings
mentioned in para No.8(i) of Memorandum of
Understanding have already been withdrawn and
that the payment is received by the respondent.

8. Mr. Pathak, learned advocate for the
appellant – husband submitted that the appellant
husband will withdraw the Divorce Case No.188 of
2016 which is presently pending at Haldwani
Court, Nainital, within 10 days.

9. In view of joint submissions and request by
learned advocates for the appellant – husband and
respondent – wife, more particularly in view of
the consent of respondent – wife and in light of

Page 5
C/FA/2808/2018 ORDER

the Memorandum of Understanding, impugned
judgment is set aside and Family Suit No.642 of
2012 is remanded to learned Family Court at
Ahmedabad so as to enable the appellant – husband
and respondent – wife to submit appropriate
application before learned Family Court and seek
necessary and appropriate orders.

Orders accordingly.

(K.M.THAKER, J)

(B.N. KARIA, J)
KAUSHIK D. CHAUHAN

Page 6

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation