Krutikbhai Hareshbhai Shah vs Jahanviben Narendrabhai Raval ...
2021 Latest Caselaw 745 Guj

          C/FA/3992/2019                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 3992 of 2019
                               With
        CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2019
                 In R/FIRST APPEAL NO. 3992 of 2019
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               KRUTIKBHAI HARESHBHAI SHAH
                          Versus
 JAHANVIBEN NARENDRABHAI RAVAL W/O KRUTIKBHAI HARESHBHAI
                          SHAH
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Appearance:
MR. JAY M THAKKAR(6677) for the Appellant(s) No. 1
MR RAXIT J DHOLAKIA(3709) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                           Date : 19/01/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The present First Appeal preferred by the appellant-original defendant-husband, was directed against judgment and decree dated 11th October, 2018 passed by learned Principal Judge, Family Court, Surendranagar, in application under Section 9 of the Hindu Marriage Act, 1955. Thereby the Court required the appellant-husband to fulfill and make available the conjugal rights to the applicant-wife.

2. When the appeal was last posted before this Court on 07th January, 2021, learned advocate Mr.Dhruvin Bhuptani had stated that the parties had settled their disputes outside the court. As he had prayed to place on record the settlement, time was

C/FA/3992/2019 ORDER

granted.

3. Today learned advocate for the appellant as well as learned advocate for the respondent Mr.Raxit Dholakia both jointly stated that the parties have settled their disputes. Also produced affidavit of appellant Krutikbhai Hareshbhai Shah, dated 13th January, 2021, and along with the said affidavit, they produced copy of Divorce Deed as well as copy of judgment and decree dated 18th November, 2019 passed by learned Principal Judge, Family Court, Surendranagar in Family Suit No.45 of 2019 instituted by the appellant-husband wherein the decree came to be passed dissolving the marriage between the parties and granting them divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. The affidavit of the appellant together with its accompaniments as above is taken on record.

4. As could be noticed from the aforesaid Family Suit No.45 of 2019 for divorce by mutual consent was filed on 12th September, 2019 subsequent to passing of the decree for conjugal rights in Family Suit No.9 of 2018 which is the subject matter of the present appeal. It further transpires that on the same day, that is on 12th September, 2019 a Divorce Deed was executed between the parties settling the terms of settlement and divorce. Xerox copy of the said Divorce Deed is placed on record. Thereunder the parties have inter alia agreed that the husband shall pay Rs.21,50,000/- towards permanent alimony to the wife to be paid as per the

C/FA/3992/2019 ORDER

terms and conditions. It further recorded that considering the settlement, judgment and decree passed in Family Suit No.9 of 2018 is not liable to be executed.

5. In view of the settlement as arrived at between the parties and the divorce by mutual consent having been granted by and decree having been passed by the Family Court as above, the present appeal stands disposed of as requiring no adjudication and having become infructuous in view of the settlement produced on record.

ORDER IN CIVIL APPLICATION

In view of order passed in the First Appeal, no order is required to be passed in the Civil Application. The same stands disposed of accordingly.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) ANUP