Atulkumar Natwarlal Kadakia vs Jyoti Atulkumar Kadakia

1. We have heard learned counsel for the parties finally in this appeal. In this matrimonial dispute between the appellant-husband and the respondent-wife the Family Court refused to grant a decree for divorce to the appellant on the grounds alleged by him. That order is confirmed by the High Court and that is how this appeal has been filed by the husband.

2. During the pendency of this appeal, the parties have arrived at a settlement and have agreed to get divorce by mutual consent. The terms of compromise styled as memorandum of understanding have been produced before us. We are informed by the learned counsel for the parties that both the parties have acted upon the terms of memorandum of understanding. Learned counsel for the respondent-wife informed us on instructions that the respondent has received the full amount of compensation of Rs 6 lakhs as stated in the memorandum of understanding. Learned counsel for the appellant-husband informed us that he has withdrawn the writ petition filed by him in the Bombay High Court. Learned counsel for the respondent-wife submitted that the respondent-wife will withdraw the application for enhancement of maintenance amount within two weeks from today. These statements are recorded. The parties concerned shall abide by these statements and undertakings as averred by them in the light of the memorandum of understanding. In view of this development, nothing further survives in this appeal. However, the memorandum of settlement produced before us will not be treated to be an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The proceedings, therefore, to that extent will stand remanded to the Family Court at Bombay. The original memorandum of understanding duly signed by parties will be sent by the Registry of this Court to the Family Court at Bombay for treating it to be an application under Section 13B of the Hindu Marriage" Act, 1955 for being proceeded with in accordance with law. Subject to these directions, the appeal is disposed of. No costs.