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Judgment
M.D. Shah, J.—Rule. Mr. Nehul L. Dave waives service on behalf of the respondent No. 1. Ms. Manisha Luvkumar waives service on behalf of the respondent No. 2.
The applicant-husband has preferred this Criminal Revision Application with a prayer to quash and set aside the judgment and order dated 30-1-2009 passed by the learned Family Court, Court No. 4, Ahmedabad in Criminal Misc. Application No. 2985 of 2006 granting maintenance of Rs. 15000/- per month in favour of the respondent-wife with effect from 22-11-2006.
As the parties had agreed for mediation to resolve all their pending disputes, the applicant-husband and respondent wife were directed to go for mediation before the Gujarat High Court Mediation Centre by order dated 11-9-2009.
At the mediation centre both the parties have amicably decided to resolve their disputes and accordingly a consent terms have been entered into by both the parties wherein the terms of the mediation and resolution of all disputes have been clearly stated. The consent terms dated 2-11-2009 which is placed on record is ordered to be taken on record. As per the terms of the consent terms, the applicant has deposited a draft of Rs. 14 lacs in the name of Shilpaben Kantilal Patel dated 4-11-2009 before the Gujarat High Court Mediation Centre and acknowledgement of the same has also been given by the centre on 4-11-2009.
Considering the settlement arrived at between the parties, this application deserves to be allowed subject to the following conditions:
The judgment and order dated 30-1-2009 passed by the learned Family Court, Court No. 4, Ahmedabad in Criminal Misc. Application No. 2985 of 2006 granting maintenance of Rs. 15000/- per month in favour of the respondent-wife with effect from 22-11-2006 is hereby quashed and set aside.
The applicant-husband and respondent-wife will file joint application for divorce by mutual consent and learned Family Court shall dispose of the same as early as possible in light of the consent terms arrived at between the parties and also considering the fact that Rs. 14 lacs have been deposited by the applicant-husband, who has U.S. Citizenship, before the Gujarat High Court Mediation Centre. along with the divorce petition the parties will file an affidavit for waving the statutory period and the same will be considered by the Family Court.
The applicant-husband is at liberty to withdraw the amount of Rs. 2,00,000/- deposited by him before the Registry of this Court and the Registry of this Court will hand over the said amount to him after proper verification and identification.
The respondent wife will waive all her rights on the movable as well as immovable properties of the applicant-husband.
The respondent wife will withdraw and/or obtain quashment or take necessary steps for closing of all Criminal, Civil cases and appeals pending in various Courts in the State of Gujarat against the applicant-husband.
On withdrawal of all the said proceedings the draft of Rs. 14 Lacs deposited by the applicant-husband before the Gujarat High Court Mediation Centre will be handed over by the Mediation Centre to the respondent-wife-Shilpaben Kantilal Patel.
Both the parties will strictly abide by all the terms and conditions in the consent terms.
Application is allowed. Rule is made absolute to the aforesaid extent. D.S. permitted.