Gujarat High Court
Patel Rahulbhai Premjibhai vs Patel Nehaben D/P Prabhudas ... on 28 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/1832/2024 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1832 of 2024
With
R/FIRST APPEAL NO. 1865 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In
R/FIRST APPEAL NO. 1865 of 2025
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PATEL RAHULBHAI PREMJIBHAI
Versus
PATEL NEHABEN D/P PRABHUDAS KACHARABHAI
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Appearance:
MR MANISH J PATEL(2131) for the Appellant(s) No. 1
DR. HARDIK K RAVAL(6366) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 28/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present are the cross-appeals filed by the husband and wife respectively. First Appeal No.1832 of 2024 is filed by the appellant-husband against judgment and decree dated 01.04.2024 passed by the Principal Judge, Family Court, Modasa in Family Suit No.15 of 2021, whereby suit filed by the appellant under Section 13 of the Hindu Marriage Act came to be rejected. First Appeal No.1865 of 2025 is filed by the wife against judgment and decree dated 15.04.2025 passed by the Principal Judge, Family Court, Himmatnagar, Sabarkantha in Family Suit No.1 of 2020, which was Page 1 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:07:19 IST 2025 NEUTRAL CITATION C/FA/1832/2024 ORDER DATED: 28/07/2025 undefined filed for restitution of conjugal rights.
2. In First Appeal No.1832 of 2024, notice was issued on 09.05.2024 returnable on 11.07.2024. Thereafter, by order dated 17.10.2024, the matter was transmitted to the Mediation Center of this Court as both parties were willing to appeal before the Mediation Center. However, by report dated 10.01.2025, learned Mediator has reported that the mediation has been unsuccessful. Therefore, the matter was proceeded on merits.
3. Today, when the matter is taken up for hearing, learned Advocates for the parties reported that the matter is amicably settled between the parties and the respondent-wife has filed an affidavit in support of First Appeal No.1832 of 2024, filed by the appellant-husband. In the affidavit, it is inter alia stated as under:-
"7. I say that our nature and temperaments were incompatible and there were irreconcilable differences and our marriage has broken down irretrievably. Therefore, we both realized that we cannot live together as husband and wife. I say that we tried our best to reconcile the differences between us but all the efforts were not successful, therefore, we have mutually decided to dissolve our marriage Dt. 20/02/2011.
8. I say that, as stated hereinabove, we have decided to divorce each other by mutual consent.Page 2 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:07:19 IST 2025
NEUTRAL CITATION C/FA/1832/2024 ORDER DATED: 28/07/2025 undefined As stated hereinabove, in order to reconcile, we have made several sincere efforts but could not succeed. It has now become evident that the differences between us have reached to an irretrievable extent and that we can no longer reside together as husband and wife.
9. I say that as decided amicably and mutually between us the amount of Rs. 27,00,000/- is paid to me by the appellant, with respect to the final settlement between us including permanent maintenance cum final alimony. I say that we have settled all our claims,counterclaims, etc. and I have received my entire kariyavar, Stridhan, Permanent alimony, maintenance, etc. and there is no due with regard to any other claim between us now. Hence in future also I will not claim anything from the appellant and similarly the appellant also will not claim anything from me in future.
10. I say that litigations were filed by me against the appellant, but those are now disposed of.
11. I say and submit that I am filing this affidavit with my free will and consent without there being any undue influence or pressure and I have no objection if the present First Appeal No. 1832 of 2024 is allowed and I would request the Hon'ble Court to quash and set aside the Judgment and Decree Dt. 01/04/2024 passed by the Ld. Family Court, Modasa in Family Suit No. 15 of 2021, on Page 3 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:07:19 IST 2025 NEUTRAL CITATION C/FA/1832/2024 ORDER DATED: 28/07/2025 undefined the ground of settlement."
4. In view of the amicable settlement which is reflected from the affidavit, which is reproduced hereinabove, judgment and decree dated 01.04.2024 passed by the Principal Judge, Family Court, Modasa in Family Suit No.15 of 2021 is hereby ordered to be quashed and set aside. The marriage dated 20.02.2011 is hereby declared to be dissolved. First Appeal No.1832 of 2024 is allowed to the aforesaid extent.
5. In view of the aforesaid, as a necessary consequence, order dated 15.04.2025 passed by the Principal Judge, Family Court, Himmatnagar, Sabarkantha in Family Suit No.1 of 2020 is also hereby quashed and set aside. First Appeal No.1865 of 2024 stands disposed of accordingly. The parties to bear their own costs.
6. In view view of the order passed in the main appeal, Civil Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 4 of 4 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 22:07:19 IST 2025