Vimal Maheshkumar Ranglani vs Monikaben Poptani @ Pragya Vimal ...

Gujarat High Court

Vimal Maheshkumar Ranglani vs Monikaben Poptani @ Pragya Vimal ... on 5 December, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                                NEUTRAL CITATION




                               C/FA/1902/2025                                   ORDER DATED: 05/12/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 1902 of 2025
                                                            With
                                         CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                                             In
                                               R/FIRST APPEAL NO. 1902 of 2025

                       ================================================================
                                        VIMAL MAHESHKUMAR RANGLANI
                                                   Versus
                            MONIKABEN POPTANI @ PRAGYA VIMAL MAHESHBHAI RANGLANI
                       ================================================================
                       Appearance:
                       MR. HEMANG S TRIVEDI(10045) for the Appellant(s) No. 1
                       T K GURNANI(7381) for the Defendant(s) No. 1
                       ================================================================

                          CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                and
                                HONOURABLE MR.JUSTICE J. L. ODEDRA

                                                            Date : 05/12/2025

                                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The present appeal is filed by the appellant-husband against judgment and decree dated 24.04.2025 passed by the Judge, Family Court No.6, Ahmedabad in Family Suit No.962 of 2021. By the impugned judgment and decree, the Family Court granted decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act and allowed the suit filed by the respondent-wife on the ground of cruelty.

2. The Family Court framed issues as under:-

(1) Whether the petitioner proves that after the Page 1 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Fri Dec 05 2025 Downloaded on : Sat Dec 20 00:39:02 IST 2025 NEUTRAL CITATION C/FA/1902/2025 ORDER DATED: 05/12/2025 undefined solemnisation of the marriage, the respondent treated the petitioner with cruelty as alleged in the petition?

(2) Whether the petitioner is entitled to get a decree of dissolution of marriage on the above ground?

                                         (3)      What order and decree?

                       2.1               The Family Court answered the issues in the affirmative

                       and observed as under:-

37. The petitioner has successfully proven that the respondent treated her with cruelty after the solemnization of their marriage on 21.04.2015. Her consistent allegations, supported by oral testimony from herself and Manoharlal, documentary evidence including the bank passbook and photographs, and police complaints/F.I.R., establish a pattern of mental and physical cruelty, including financial demands, threats, sexual misconduct, defamation, and misuse of belongings. The respondent's defense is unsubstantiated, with his admissions during cross-examination contradicting his claims and highlighting his failure to provide evidence.

The respondent's conduct, as proven, caused significant mental agony and physical harm, rendering cohabitation impossible and meeting the legal standard for cruelty under Section 13(1)(ia). Accordingly, issue No.1 is answered in the affirmative.

38. As the issue No.1 is answered in favor of the petitioner in affirmative and the petitioner has successfully established the fact that the respondent has treated with cruelty. The Page 2 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Fri Dec 05 2025 Downloaded on : Sat Dec 20 00:39:02 IST 2025 NEUTRAL CITATION C/FA/1902/2025 ORDER DATED: 05/12/2025 undefined petitioner is not taking advantage of her own wrong and there is no disability for the purpose of relief as prayed for because it appears from the record and evidence of this case that the respondent is not ready and willing to continue his marital bond with the petitioner. The evidence goes to show that the petitioner cannot be said to be in collusion with the respondent. Therefore, there is no legal ground or impediment under Section 23 of the Hindu Marriage Act for not granting the petition. Therefore, the petitioner is entitled to get decree of divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 and hence the issue No. 2 is answered in the affirmative.

3. Notice was issued on 20.06.2025 returnable on 18.07.2025. Thereafter by order dated 21.08.2025, the matter was sent for mediation, which was reported to be successful.

4. Today, when the matter is taken up, it is reported by learned Advocates that parties are present. They are identified by their respective Advocates. The parties have filed joint affidavit in connection with MoU dated 19.09.2025, wherein it is stated as under:-

1. The Marriage between the Appellant-husband namely, Vimal Maheshkumar Ranglani and Respondent-wife namely, Monikaben Poptani Pragya W/o Vimal Maheshkumar Ranglani was solemnized on 21.04.2015 and from the said wedlock, there is no child.

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2. The parties have been staying separately since Date 08-06-2020 (more than 5 years). The parties have, thus, been living separately for a period of more than one year and have not been able to live together. All efforts to resolve their disputes and reconciliation have failed and the marriage between the parties has broken down irretrievably.

3. The parties have arrived at an amicable settlement and wish to part ways peacefully. Parties have decided to dissolve their marriage by mutual consent. Disputes between the parties have been now amicably settled, therefore both the parties hereby voluntarily withdraw the allegations made by them against each other in the proceedings before the trial court.

4. Therefore, it is respectfully submitted and requested to this Hon'ble Court that, without entering into the merits of the present appeal, it should be allowed with the consent of both parties, and the judgment and decree dated 24.04.2025 passed in Family Suit No. 962 of 2021 by Judge, Family Court No. 6, Ahmedabad be set aside with consent and this Hon'ble Court also be pleased to grant a decree of divorce by way of mutual consent of both the parties without entering into the merits of the present case of the parties and obliged and decree of divorce may be modified and the same may be converted in the consent decree.

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5. In view of the aforesaid amicable settlement between the parties, the impugned judgment and decree of divorce granted by the Family Court on the ground of cruelty is hereby modified.

The decree of divorce is granted in terms of the settlement arrived at between the parties. The parties are directed to abide by terms of settlement. The Family Court is directed to draw decree in terms of the aforesaid order. The appeal stands disposed of accordingly.

6. In view of disposal of the main appeal, Civil Application does not survive. Disposed of accordingly.

(A.Y. KOGJE, J) (J. L. ODEDRA, J) SHITOLE Page 5 of 5 Uploaded by SHITOLE MANISH P.(HC00188) on Fri Dec 05 2025 Downloaded on : Sat Dec 20 00:39:02 IST 2025