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MCA/2932/2009 2/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 2932 of 2009
=========================================================
ARCHNABEN
NIRAVBHAI BHATT - Applicant(s)
Versus
NIRAVBHAI
HASMUKHBHAI BHATT - Opponent(s)
=========================================================
Appearance
:
MR
CHIRAG R KOTHARI for
Applicant(s) : 1,MRPRATIKYJASANI for Applicant(s) : 1,
MR AR
THACKER for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/04/2010
ORAL
ORDER
The
present Misc. Civil Application came to be filed by Smt. Archnaben
Niravbhai Bhatt seeking transfer of the proceedings of Hindu Marriage
Petition No. 55 of 2009 from the Court of learned Principal Civil
Judge, Junagadh to the Court of learned Additional and Chief Judicial
Magistrate, Morbi.
Considering
the nature of differences between the parties the Court considered it
appropriate to explore the possibility of settlement through High
Court Mediation Centre. Thereafter in view of the agreement between
the parties and with consent of the parties, the Court, by order
dated 25th January 2010 referred the matter for settlement
through High Court Mediation Centre. The matter was placed before the
High Court Mediation Centre.
Upon
conclusion of the mediation proceedings, learned Mediator has, by his
report dated 13th April 2010, reported that the mediation
process is successful in view of the settlement arrived at between
the parties. The learned Mediator under his report dated 13th
April 2010 has also forwarded copy of the settlement duly signed by
the parties and their witnesses and the learned advocates. The
settlement contains the terms and
condition which have been agreed upon by and between the parties,
which, inter alia, provide that by way of permanent alimony Mr.
Bhatt, the husband shall pay Rs. 5,55,000/- to the applicant-wife and
both the parties will co-operate for decree of divorce with consent
and the wife Smt. Archanaben Niravbhai Bhatt, as part of the
agreement between the parties, shall withdraw the Misc. Civil
Application No. 2392 of 2010
Today
during the hearing of present application learned advocates have
stated that a sum of Rs. 5,55,000/- has already been paid by the
husband to wife by Demand Draft No. 374850 dated 10th
April 2010. Learned advocate
representing the applicant-wife has confirmed the said fact.
The
learned advocates representing the applicant-wife and the
opponent-husband have identified the signatures of their respective
clients and have also admitted and acknowledged and confirmed that
the settlement has been arrived at by and between the parties with
consent and without any type of influence or pressure. They have also
averred that the parties have agreed and they undertake to abide by
the terms and conditions of the settlement.
In
view of the said settlement arrived at during the mediation
proceedings, the learned advocate for the applicant-wife has
submitted that present application has lost its purpose and
significance and that therefore the applicant seeks permission to
withdraw the application. He has also submitted that the parties will
jointly tender the said settlement before the learned Court where
the Hindu Marriage Petition No. 55 of 2009 is pending and the parties
will jointly request to the learned Court to pass appropriate order
in terms of and in light of the settlement between the parties.
After
the aforesaid settlement is placed on record
of the proceeding pertaining to the Hindu Marriage Petition No. 55 of
2009, the learned Court shall make appropriate orders on the basis of
the settlement.
Learned
advocate for the applicant has also submitted that the applicant
shall place a copy of the settlement on record of the Misc. Criminal
Application No. 329 of 2009 and on the basis of the consent terms the
appellant-wife shall request the learned Court for permitting
withdrawal of the said Misc. Criminal Application No. 329 of 2009.
The learned advocate for the opponent-husband has submitted that
since the amount required to be paid by the husband has already been
paid and by placing the settlement on record of Hindu Marriage
Petition No. 55 of 2009 joint request to pass appropriate orders in
light of the settlement shall be made. The applicant’s learned
advocate has assured all co-operation and making joint request for
early decree of divorce by consent.
In
view of the above mentioned settlement and report of the learned
Mediator the application is not required to be prosecuted further and
that therefore the applicant is permitted to withdraw the
application.
The
application stands disposed of as withdrawn. The parties will take
necessary steps, as may be required, as per the settlement.
(K.M.THAKER,J.)
Suresh*
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