Gujarat High Court
Yamuna W/O Sunil Ramshanker ... vs Sunil Ramshanker Rathod on 4 October, 2021
Bench: J.B.Pardiwala, Vaibhavi D. Nanavati
C/FA/3316/2018 ORDER DATED: 04/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3316 of 2018
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2018
In R/FIRST APPEAL NO. 3316 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2018
In R/FIRST APPEAL NO. 3316 of 2018
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YAMUNA W/O SUNIL RAMSHANKER RATHOD D/O RAJESH RATHOD
Versus
SUNIL RAMSHANKER RATHOD
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Appearance:
MR. AUM M KOTWAL(7320) for the Appellant(s) No. 1
NANAVATI AND CO.(7105) 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 : 04/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. This First Appeal is at the instance of the original defendant (wife)
of a Family Suit and is directed against the judgment and decree of
divorce passed by the Family Court, Ahmedabad dated 03.07.2018
in the Family Suit No.894 of 2015.
2. We take notice of the fact that family suit came to be instituted by
the respondent herein original plaintiff/ husband praying for a
decree of divorce under Section 13 (1) of the Hindu Marriage Act
(for short "the Act"). The husband succeeded in obtaining the
decree of divorce on the grounds of cruelty etc. The operative part
of the order reads thus:-
[1] The petition is hereby ordered to be allowed.
C/FA/3316/2018 ORDER DATED: 04/10/2021
[2] It is ordered that the marriage solemnized between petitioner and
respondent is hereby dissolved with effect from the date of the
decree on the ground of cruelty under Section 13 (1) (i-a) of the
Hindu Marriage Act,1955.
[3] Decree be drawn accordingly.
[4] No order as to cost.
3. While admitting the First Appeal, a Coordinate Bench of this Court
passed the following order dated 24.08.2018:-
"1. Mr. D. N. Chhatrapati, learned advocate for the appellant
invited the attention of the court to section 5 of the Hindu Marriage
Act, 1955 and more particularly, to clause (ii)(c) thereof to submit
that the words "or epilepsy" have been deleted with effect from
29.12.1999. Referring to section 13 of the said Act, it was pointed
out that the fact regarding the husband or the wife suffering from
epilepsy is not a valid ground for divorce as contemplated under the
said section. It was submitted that the trial court has been influenced
by the fact that the appellant was suffering from epilepsy for coming
to the conclusion that she has perpetrated cruelty upon the
respondent and has, accordingly, granted a decree for divorce on
the ground of cruelty under section 13(1)(ia) of the said Act.
2. Having gone through the impugned judgment and order and
considering the submissions advanced by the learned advocate for
the appellant, the court is of the view that the matter requires
consideration. Hence, ADMIT."
4. After the appeal came to be admitted, many attempts were made by
this Court to convince the parties to arrive at some amicable
settlement. The following order was passed on 11.06.2021:-
"Both learned counsel submit that looking to the nature of present
matrimonial dispute, the matter may be referred to the Mediation
Center of this Court for exploring the possibility of mutual
settlement between the parties, as the present appeal is directed
against the divorce decree which has been passed in favour of
respondent-husband -Sunil Ramshanker Rathod.
"The parties may appear before the trained Mediator in the first
C/FA/3316/2018 ORDER DATED: 04/10/2021
instance on 20.6.2021 at 11.00 a.m. A copy of this order will be sent
to the Member-Secretary, Gujarat State Legal Service Authority
immediately who may appoint a trained mediator in the matter,
before whom, the meeting will be held on 20.6.2021 and a further
period of 4 weeks is allowed to the trained mediator to hold further
such meetings with the parties or related person as may be
necessary to explore the possibility of such mutual settlement
between the parties.
A Report of the Mediation will be sent to this Court after the
said period of 4 weeks. List this matter again before this Court on
11thAugust, 2021.
Contact Details of Partner/Counsels :-
Mr. Aum M.Kotwal, learned Counsel for the Appellant-wife
Mobile No. 9724936307.
Yamuna/Jamuna Mobile No. :- 9574451807
Email Id:- [email protected]
Mr. Maulik Nanavaty, ld.Counsel for the Opponent -husband
Mobile No. 9998001616
Sunil Ramshanker Rathod Mobile No. :-9427623296
Email Id:- [email protected]"
5. Thereafter, the following order was passed on 11.08.2021.
"Both learned counsels will take instructions about mutual consent
award and permanent alimony amount to be taken. List again on
24.08.2021."
6. The last order that came to be passed on 24.08.2021, which reads
as under:-
"Both learned counsels pray for some more time as they submit that
they may advise the parties to arrive at mediated settlement using
their good offices. List on 08.09.2021."
7. The parties are present here before us. We are informed that the
parties have been able to arrive at an amicable settlement. The
settlement arrived at between the parties has been reduced into
writing duly signed and notarized. Mr. Aum Kotwal, the learned
counsel appearing for the wife has also put his signature on the
C/FA/3316/2018 ORDER DATED: 04/10/2021
terms of the settlement, at the same time, Ms. Manvi Damle, the
learned counsel appearing for the husband has also put her
signature on the terms of the settlement. The documents containing
the terms of the settlement is ordered to be taken on record. The
same shall be kept with the record of this case.
8. In view of the above developments, we dispose of the first appeal
by substituting the impugned judgment and decree with the terms
of the settlement arrived at between the parties.
9. Registry shall draw the final decree in terms of the settlement
between the parties reduced into writing and ordered to be taken on
record.
10.We direct the parties to abide by the terms and conditions.
11.With the aforesaid, the First Appeal as well as the connected Civil
Applications stand disposed of.
12.Post this First Appeal after 10 weeks to report compliance of the
terms of the settlement.
13.The Registry shall draw the decree in terms of the settlement at the
earliest.
14.Matter is to be notified after 10 weeks only to ensure that the
parties have abided by the terms of the settlement.
(J. B. PARDIWALA, J)
(VAIBHAVI D. NANAVATI,J)
VARSHA DESAI
