Falguniben D/O Chandrakantbhai ... vs Gaurangkumar Bhagawatprasad ...
2021 Latest Caselaw 5625 Guj

     C/FA/1873/2020                              ORDER DATED: 08/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1873 of 2020

                               With
 CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 1873 of 2020
                               With
            CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                 In R/FIRST APPEAL NO. 1873 of 2020
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FALGUNIBEN D/O CHANDRAKANTBHAI VYAS AND W/O GAURANGKUMAR
                  BHAGAWATPRASAD BHATT
                          Versus
           GAURANGKUMAR BHAGAWATPRASAD BHATT
=============================================
Appearance:
MR.CHIRAG B UPADHYAY(6735) for the Appellant(s) No. 1
MR MA KHARADI(1032) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 08/06/2021

                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. This First Appeal is at the instance of the original plaintiff of a Hindu Marriage Petition questioning the legality and validity of the judgment and decree passed by the Principal District Judge, Family Court, Nadiad dated 01.11.2017 in the Family Suit No.285 of 2017. This First appeal on the face of it is not maintainable in law for the reasons to be recorded herein below.

2. It appears from the materials on record that the appellant herein got married with the respondent on 01.08.2002. The marital life of the parties was not happy. In such circumstances, the parties

C/FA/1873/2020 ORDER DATED: 08/06/2021

preferred an application under section 13(1)(B) of the Hindu Marriage Act for divorce with mutual consent. The Family Court, Nadiad, passed a decree dissolving the marriage with the consent of the parties. It appears that thereafter, the parties entered into some agreement in the form of a Memorandum of Understating dated 28.05.2018. It is the case of the appellant herein that the respondent herein has breached the promise given by him by way of the Memorandum of Understanding. In such circumstance, the appellant now seeks to question the very consent decree passed by the Family Court dissolving the marriage.

3. We are of the view that the consent decree passed by the Family Court cannot be questioned by way of the First Appeal on the basis of some agreement arrived at between the parties later in point of time i.e. after the consent decree came to be passed. We see no good reason to examine legality and validity of the consent decree passed by the Family Court. If the appellant is aggrieved in any manner by the breach of the terms and conditions of the so called agreement which is at page 38 of the paper book then it shall be open for her to avail appropriate legal remedy before the appropriate forum in accordance with law. We do not expressed any opinion in this regard.

4. With the aforesaid, this appeal fails and is hereby dismissed. As a result, both the connected civil applications would also not survive and are hereby rejected.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J)

NEHA