Gujarat High Court
Harishbhai Prakashbhai Soni vs Ritaben D/O Panubhai Soni W/O ... on 14 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4635/2023 ORDER DATED: 14/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4635 of 2023
================================================================
HARISHBHAI PRAKASHBHAI SONI
Versus
RITABEN D/O PANUBHAI SONI W/O HARISHBHAI P SONI
================================================================
Appearance:
MR CHIRAG B AYDI(13146) for the Appellant(s) No. 1
MR. MAULIK M SONI(7249) for the Appellant(s) No. 1
NOTICE SERVED BY DS for the Defendant(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 14/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-husband against judgment and decree dated 24.08.2023 passed by the Principal Judge, Family Court, Nadiad in Family Suit No.44 of 2021, whereby the Family Court rejected the suit filed by the appellant-husband for divorce under Section 13(ii) of the Hindu Marriage Act.
2. Notice was issued on 27.10.2023 returnable on 19.12.2023. Thereafter, the matter was adjourned for time to time.
3. Today, when the matter is taken up for hearing, learned Advocate for the appellant reported that the matter is amicably Page 1 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Aug 18 2025 Downloaded on : Mon Aug 18 22:19:13 IST 2025 NEUTRAL CITATION C/FA/4635/2023 ORDER DATED: 14/08/2025 undefined settled between the parties and the respondent-wife has filed affidavit in support of the petition, whereby they have decided to dissolve the marriage by mutual consent. Paras-2 to 4 of the said affidavit read as under:-
"2. I say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and the both the children's i.e. one son namely Dhairya aged 20 years and one daughter namely Ajab aged 9 years and presently both the children are staying with their grand parents and they will further stay with the appellant and I have no objection if both the children's resides with the appellant.
3. I say that there is no possibility of reunion between the appellant and the respondent. At the outset I further states that as the alimony I have settled and as alimony a sum of Rs.3,00,000/- is fixed. I further states that it is mutually decided between the parties that whenever the respondent no.2 wants to meet the children the present appellant have no objection and there is no objection for visitation right.
4. The deponent herein urged these Hon'ble Court considering the comprise between the parties and be pleased to dissolve the marriage and be pleased to pass consent decree and be pleased to quash and set aside the Judgment, order and Decree passed by the Hon'ble Page 2 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Aug 18 2025 Downloaded on : Mon Aug 18 22:19:13 IST 2025 NEUTRAL CITATION C/FA/4635/2023 ORDER DATED: 14/08/2025 undefined Family Court Nadiad at Nadiad in Family Suit No.44 of 2021 in the interest of justice."
4. In view of the amicably settlement arrived at between the parties, the appeal stands allowed. The judgment and decree dated 24.08.2023 passed by the Principal Judge, Family Court, Nadiad in Family Suit No.44 of 2021 is quashed and set aside. The marriage solemnized between the parties on 06.05.2001 is ordered to be dissolved. Decree be drawn accordingly. The parties are directed to abide by terms of settlement.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 3 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Mon Aug 18 2025 Downloaded on : Mon Aug 18 22:19:13 IST 2025