Gujarat High Court
Krimal Kishorbhai Gandhi vs None on 9 May, 2025
NEUTRAL CITATION
C/SCA/3395/2025 ORDER DATED: 09/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3395 of 2025
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KRIMAL KISHORBHAI GANDHI & ANR.
Versus
NONE
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Appearance:
MR KRUNAL A AGRAWAL(12812) for the Petitioner(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/05/2025
ORAL ORDER
1. Heard Mr. Krunal Agrawal, learned advocate on record for the petitioners.
2. Pursuant to the order dated 23.4.2025, passed by this Court the parties have appeared before the learned Mediator attached with the Gujarat High Court, Mediation Center. The learned Mediator has reported that the parties were heard at length and they have successfully agreed to resolve their dispute amicably. The learned Mediator had also verified the fact that there is no scope of any cohabitation between the parties. The memorandum of understanding dated 2.5.2025 has also been placed on record along with the report. The same reads as under :-
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NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined This memorandum of understanding has been executed between Krimal Kishorbhai Gandhi, Age: 34 Years, Male, Hindu, Occupation: Job, residing at: Flat No. 208, Ramdev Alteza, Zundal, Gandhinagar and Nidhi W/o Krimal Gandhi D/o Jitendrakumar Thakkar Age: 32 Years, Female, Hindu Occupation: Job Residing at: G-403, Prathna Greens, Sargasan, Unvarsad, Gandhinagar. The marriage between the Petitioner was solemnized on 19.02.2018. Both the parties were residing together as husband and wife and thereafter they separated since July, 2023. As the disputes and differences had arisen between the parties hereto.
1. This Hon'ble High Court of Gujarat at Ahmedabad vide order dated 23.04.2025 had referred the above matter to the Gujarat High Court Mediation Centre.
2. Mediation sessions was held with the parties and advocate today i.e. 02.05.2025.
3. That with the indulgence of the Mediator and the counsels and the parties, the parties have agreed and decided to resolve their disputes amicably and accordingly this memorandum of understanding is being executed in the presence of the Mediator, parties and the counsel of the parties.
4. The parties have agreed and decided that they cannot live together as husband and wife and therefore they shall live separately forever and put an end to their Uploaded by MARY VADAKKAN(HC00204) on Mon May 12 2025 Downloaded on : Tue May 13 01:58:17 IST 2025 NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined matrimonial ties.
5. The terms and conditions of memorandum of understanding are stated here under:
(A) Both the parties have agreed that they will not make any financial claim against each other and will treat all the disputes regarding these financial claims are settled and now there are no dues pending against each other.
(B) Both the parties have also accepted that they will have no claim whatsoever in future with regard to their movable and immovable properties and of their respective family members, in relation to this matrimonial alliance.
(C) The parties state that nothing remains to be exchanged henceforth between them and all the articles relating to Streedhan of wife and all the documents of wife are returned by husband to wife to her satisfaction.
Hence now there is no dispute about the same and respondent husband and applicant wife will not raise any dispute with regard to whatever gold, silver and all other valuabies including streedhan articles and documents. (D) That, there is no child born out of this marriage. (E) Both the parties have agreed that they will not interfere in each other personal life. Uploaded by MARY VADAKKAN(HC00204) on Mon May 12 2025 Downloaded on : Tue May 13 01:58:17 IST 2025
NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined (F) That, the parties have not filed any other criminal or civil case against each other except the present Family Suit No. 679/2024 for mutual divorce pending before the Family Court, Gandhinagar.
(G) It is agreed that the parties shall not claim any rights under any head or in any form against each other. All the disputes between the parties herein above stands settled by executing this memorandum of agreement and both the parties are bound to follow the terms of this memorandum of understanding strictly. (H) Both the parties hereby agree to pray before the Hon'ble Court to quash and set aside the impugned order dated 12.02.2025 passed by the Ld. Principal Family Judge, Gandhinagar in F.S. No. 679 of 2024 and allow present Special Civil Application by waiving the statutory period under Section 13(B)(2) of The Hindu Marriage Act, 1955 and to direct the Hon'ble Family Court to dispose the matter expeditiously.
(1) The parties have voluntarily settled all the disputes amicably, without any coercion, understood the contents of terms of settlement and have put their signatures on the same.
(J) Both the parties to this proceeding would pray to the Hon'ble Court to pass appropriate orders in terms of the consent terms arrived at between them in the above referred applications.
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NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined (K) The terms of the settlement are explained and interpreted in Hindi, Gujarati, and English to both the parties and then recorded their consent and they have put their signatures voluntarily as a token of having accepted the same before the Mediator appointed by the Mediation Centre of the Hon'ble High Court of Gujarat at Ahmedabad on this 2nd day of May, 2025.
3. The aforesaid memorandum of understanding has been signed by the respective parties in presence of the learned Mediator.
4. Having considered the aforesaid report submitted by the learned Mediator, this Court has examined the impugned order dated 12.2.2025, passed by the learned Principal Judge, Family Court, Gandhinagar, below Exh. 9 in Family Suit No. 679 of 2024. The learned judge has refused to entertain the prayers sought for in the application preferred by the present petitioners at Exh. 9 wherein the petitioners have sought waiver of six months time as provided under Section 13(B) (2) of the Hindu Marriage Act, 1955 (for short 'the Act'). The learned judge has refused to entertain such application mainly on the ground that the statutory period Uploaded by MARY VADAKKAN(HC00204) on Mon May 12 2025 Downloaded on : Tue May 13 01:58:17 IST 2025 NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined as provided under Section 13(B) (2) of the moving the motion by both the parties not earlier than six months after the date of presentation of the petition referred to in Sub Section 1 and not later than 18 months after such date, has not been fulfilled since the petition has been filed on 19.12.2024 and therefore, the date on which the application at Exh. 9 being preferred on 5.2.2024 was prior to the completion of statutory period of six months as prescribed under Section 13(B) (2) of the Act, 1955. At this stage, it would be appropriate to look into the judgment of the Honorable Supreme Court in the case of Amardeep Singh Vs Harveen Kaur reported in (2017) 8 SCC 746, whereby the Honble Supreme Court while dealing with the matter as regards to the waiver of statutory period under Section 13(B) (2) has considered the following factors to be guiding factors to consider such prayer for waiver of statutory period of six months. Appropriate would be to reproduce the relevant observations of the Honble Supreme Court in the this regard:-
"19. Applying the above to the present situation, we are of the view that where the court dealing with a matter is satisfied that a case is made out to waive the statutory Uploaded by MARY VADAKKAN(HC00204) on Mon May 12 2025 Downloaded on : Tue May 13 01:58:17 IST 2025 NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined period under Section 13-B(2). it can do so after considering the following:
(i) the statutory period of six months specified in Section 13-B(2), in addition to the statutory period of one year under Section 13-B(1) of separation of parties is already over before the first motion itself;
(ii) all efforts for mediation/conciliation including efforts in terms of d Order 32-A Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;
(iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties:
(iv) the waiting period will only prolong their agony.
The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the court concerned.
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NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined
20. Since we are of the view that the period mentioned in Section 13-B(2) is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of cach case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.
21. Needless to say that in conducting such proceedings the court can also use the medium of videoconferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice.
22. The parties are now at liberty to move the court concerned for fresh consideration in the light of this order. The appeal is disposed of accordingly."
5. Applying the aforesaid legal principles laid down by the Honble Supreme Court and having perused the report submitted by the learned Mediator, this Court finds that the parties have genuinely settled their differences including alimony as pointed by learned advocate for the petitioners, Uploaded by MARY VADAKKAN(HC00204) on Mon May 12 2025 Downloaded on : Tue May 13 01:58:17 IST 2025 NEUTRAL CITATION C/SCA/3395/2025 ORDER DATED: 09/05/2025 undefined no other proceedings have been filed by them till date. There are no likelihood of reconciliation between the parties for cohabitation. Prima facie, this Court finds that the parties have moved ahead for dissolution of marriage by consent and it is the case of irretrievable break down.
6. Noticing the report of the learned Mediator and the circumstances of the case, in light of the principles laid down by the the Honble Supreme Court, this Court is of the view that the statutory period of six months is required to be waived in the facts of the case. Hence the impugned order dated 12.2.20225 passed by the learned Principal Judge, Family Court, Gandhinagar, below Exh. 9 in Family Suit No. 679 of 2024 is hereby quashed and set aside. The prayers sought for in the Application preferred at Exh. 9 is hereby allowed.
7. With the above observations and directions, the present petition is allowed to the aforesaid extent.
8. Direct Service is permitted.
(NISHA M. THAKORE,J) MARY VADAKKAN Uploaded by MARY VADAKKAN(HC00204) on Mon May 12 2025 Downloaded on : Tue May 13 01:58:17 IST 2025