MAHENDRASINH GAMBHIRSINH VASI Vs. SUSMITABEN D/O RANJITSINH

JUDGEMENT

(1.) PRESENT Criminal Revision Application under Section 397 r/w Section 401 of the Code of Criminal Procedure has been preferred by the applicant herein original opponenthusband to quash and set aside the impugned order passed by the learned Judge, Family Court No.3, Ahmedabad passed in Criminal Miscellaneous Application No. 910 of 2006, by which, learned Judge has directed the applicant to pay Rs.7000/ per month to the respondent no.1 hereinoriginal applicantwife towards her maintenance under Section 125 of the Code of Criminal Procedure w.e.f. 4.4.2006.

(2.) TODAY , when the present revision application is taken up for further hearing and due to positive approach by both the applicant as well as respondent no.1 herein as well as their learned advocates, it appears that matter is settled amicably. It is reported that the parties have entered into the consent terms dated 6.11.2012 signed by the petitioner as well as respondent no.1 herein as well as their learned advocates, under which it has been agreed that the petitioner shall pay sum of Rs. 7 lacs to the respondent no.1 herein original applicant wife towards full and final settlement of her claim against the applicant between the petitioner and respondent no.1 and as one time permanent settlement. It is agreed that the parties have also agreed to apply for mutual consent divorce under Section 13 (B) of the Hindu Marriage Act and that the petitioner and the respondent no.1 shall file an application for mutual consent divorce before the learned Family Court, Vadodara under the provision of the 13(B) of the Hindu Marriage Act within 15 days from today. It is further agreed that the petitioner and the respondent shall appear before the learned Family Court, Vadodara at the first instance on 22.11.2012 to file mutual consent divorce petition. It is further agreed that till final divorce decree is passed by the learned Family Court, Vadodara, the amount of Rs.7 lacs to be deposited by the applicant herein may be deposited in the name of Nazir of the Family Court, Vadodara and on passing divorce decree the aforesaid amount of Rs. 7 lacs with interest accrued thereon shall be paid to the respondent no.1 herein towards her permanent alimony / full and final settlement of the claim by the respondent no.1 herein against applicant. It is submitted that it is also agreed that on passing the consent divorce decree and on thereafter permitting the respondent no.1 wife to withdraw the aforesaid amount of Rs. 7 lacs with interest thereon, the petitioner and respondent no.1 will withdraw the proceedings filed against each other pending before the competent Court, more particularly, Regular Civil Suit No. 296 of 2006 pending before the learned Civil Judge (S.D.), Surat as well as Regular Civil Suit No. 256 of 2006 pending before the learned Civil Judge (S.D.), Vadodara. Therefore, the learned advocates for the parties under the instructions from the respective parties who are personally present in the Court have requested to take consent terms on record and to dispose of the present revision in terms of the consent terms. Learned advocates for the respective parties have also requested to pass order that as such on passing consent divorce decree by the learned Family Court, Vadodara and on withdrawing Rs. 7 lacs with interest accrued thereon by the respondent no.1 herein even aforesaid Regular Civil Suit No. 296 of 2006 as well as Regular Civil Suit No. 256 of 2006 pending before the concerned Court stand automatically terminated and on production of the certified copy of the consent divorce decree by either of the parties, concerned Court may be directed to pass formal order of disposing and / or terminating the said proceedings.

(3.) FROM the aforesaid, it appears that petitioner and respondent no.1 have settled the dispute amicably under which the applicant has agreed to pay Rs. 7 lacs to respondent no.1 herein towards full and final settlement and / or claim against the applicant. As stated above under the consent terms and on deposit of the aforesaid amount of Rs. 7 lacs, the parties have agreed to file an application for mutual consent divorce before the learned Family Court under Section 13(B) of the Hindu Marriage Act within 15 days from today. The parties have also agreed to withdraw the proceedings between them against each other, more particularly, Regular Civil Suit No. 296 of 2006 pending before the learned Civil Judge (S.D.), Surat as well as Regular Civil Suit No. 256 of 2006 pending before the learned Civil Judge (S.D.), Vadodara respectively. Considering the request made by the learned advocates for the respective parties under the instructions from the petitioner as well as respondent no.1 who are personally present in the Court, present Criminal Revision Application is disposed of in terms of the consent terms. Applicant herein to deposit a sum of Rs. 7 lacs with the Registry of this Court for which the applicant has brought demand draft and the Registry is directed to transmit the same to the Family Court, Vadodara immediately and thereafter learned Judge, Family Court is directed to see that the said amount of Rs. 7 lacs is invested in the Fixed Deposit in the name Nazir initially for a period of six months with cumulative interest and is further directed that on passing consent divorce decree said amount of Rs. 7 lacs with interest accrued thereon shall be paid to the respondent no.1 by account payee cheque forthwith on production of certified copy of the judgment and decree / consent divorce decree. That on payment of aforesaid amount of Rs. 7 lacs with interest accrued thereon after passing consent divorce decree, as agreed, there shall not be any claim by the respondent no.1 wife in any manner whatsoever. That on passing final consent divorce decree and on payment of aforesaid amount of Rs. 7 lacs with interest accrued thereon, respective parties to withdraw the proceedings filed before the competent Court filed against each other, more particularly Regular Civil Suit No. 296 of 2006 pending before the learned Civil Judge (S.D.), Surat as well as Regular Civil Suit No. 256 of 2006 pending before the learned Civil Judge (S.D.), Vadodara and as such on passing consent divorce decree and on payment of Rs. 7 lacs with interest accrued thereon to respondent no.1, the aforesaid proceedings shall stand automatically terminated and on production of the certified copy of the consent divorce decree by either of the parties, concerned Courts are directed to pass formal order of disposing and / or terminating the said proceedings i.e. Regular Civil Suit No. 296 of 2006 pending before the learned Civil Judge (S.D.), Surat as well as Regular Civil Suit No. 256 of 2006 pending before the learned Civil Judge (S.D.), Vadodara.