SANJAYKUMAR BIPINCHANDRA JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions since involve the very spouses challenging the different orders under different Acts, they are being decided by this common order. The husband (hereinafter be referred to as 'the petitioner') and the wife (hereinafter be referred to as 'the respondent'). The marriage of the petitioner and respondent was solemnized according to the Hindu rites and rituals on 24.07.1996 i.e. before 22 years. They have son, viz. Darsh, out of the said wedlock. Due to matrimonial dispute by and between the parties, the respondent preferred an application for maintenance under section 125 of the Code of Criminal Procedure, 1973 being Misc. Criminal Application No. 92 of 2013 before the court of learned Judicial Magistrate First Class, Rajula. It also appears that a complaint came to be filed on 01.08.2013 by the respondent against the petitioner and his family members under the provisions of the Protection of Women from Domestic Violence Act, before the very court being Criminal Misc. Application No. 125 of 2013. Under section 125 of the Code of Criminal Procedure, 1973 petitioner was directed to pay the amount of maintenance to the tune of Rs. 14,000/p. m. to the respondent and Rs. 6,000/p. m. to their son. In all, the amount of Rs. 20,000/was directed to be paid, whereas under Domestic Violence Act, petitioner was directed to pay the amount of Rs. 8,000/p. m. to the respondent wife and Rs. 4,000/p. m. to the son, which was the final order. Thus, in all, the amount of the maintenance directed to be given to the wife and the child was to the tune of Rs. 32,000/.

(2.) The petitioner has challenged both the orders before this court. This being a matrimonial dispute, this court deemed it appropriate to refer the matter to the High Court Mediation Centre. It is to be noted that the learned advocates appearing on both the sides made conscious efforts and learned Mediator could succeed and arrive at an amicable settlement. The Memorandum of Understanding (MoU) by and between the parties had been reduced into writing by learned Mediator Mr. B.Y. Mankad. It would be worthwhile to reproduce the same in the present order, which interalia, reads as under:

(3.) The total amount of settlement for permanent alimony is of Rs. 10,00,000/, out of which Rs. 1,00,000/has already been transferred in the account of respondent wife.