Lalitaben Bhupendrabhai Gohil vs Bhupendrabhai Shubodhchandra ...
2021 Latest Caselaw 15664 Guj

     C/FA/2683/2019                                ORDER DATED: 05/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2683 of 2019

                               With
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
                 In R/FIRST APPEAL NO. 2683 of 2019
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                  LALITABEN BHUPENDRABHAI GOHIL
                              Versus
               BHUPENDRABHAI SHUBODHCHANDRA GOHIL
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Appearance:
MR MAULIN J ACHARYA(10404) for the Appellant(s) No. 1
MS. SHAILI A KAPADIA(3453) 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 : 05/10/2021

                                ORAL ORDER

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

1. This First Appeal is at the instance of the original defendant (Wife) and is directed against the judgment and decree passed by the Family Court at Ahmedabad dated 19.04.2019 in the Family Suit No.1253 of 2013 instituted by the respondent herein (original plaintiff/husband) for dissolution of marriage and a decree of divorce.

2. The Family Suit instituted by the husband came to be allowed. The operative part of the order impugned in the present appeal reads thus:-

[1] The petition is allowed.

[2] It is ordered that the marriage solemnized between petitioner and respondent is hereby dissolved with effect from the date of the order on the grounds of cruelty and desertion under Section

C/FA/2683/2019 ORDER DATED: 05/10/2021

13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955.

[3] There shall be no order as to costs.

3. The wife being dissatisfied with the aforesaid decree of divorce came before this Court with the present appeal. The appeal was ordered to be admitted on 27.06.2019. The following order was passed in the Civil Application:-

"Rule returnable on 29.7.2019.

Learned advocate for appellant submits that according to the instruction with the appellant, the opponent has not entered into another marriage after judgment.

Till returnable date operation of the impugned judgment is stayed by way of ad-interim relief."

4. It appears that much before the order came to be passed in the Civil Application referred to above, the husband remarried. A child was born in the second wedlock of the husband.

5. During the pendency of the present appeal, 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 by the parties and notarized. The consent terms are ordered to be taken on record and the same shall be kept with the record of this case.

6. One affidavit filed by the appellant is also ordered to be taken on record and the affidavit filed by the respondent is also ordered to be taken on record.

7. Ms. Shaili A. Kapadia, the learned counsel appearing for the respondent - husband pointed out that the appellant has agreed to accept an amount of Rs.14,00,000/- (Rupees Fourteen Lakh only) towards the full and final settlement.

C/FA/2683/2019 ORDER DATED: 05/10/2021

8. Mr. A.A. Ghashura, the learned counsel appearing for the appellant confirms about the settlement arrived at between the parties.

9. The appellant - Lalitaben Bhupendrabhai Gohil is personally present in this Court. The respondent - Bhuprendrabhai Subhodhchandra Gohil is also personally present in this Court.

10.An account payee cheque of the amount of Rs.14,00,000/- (Rupees Fourteen Lakh only) bearing no.27323 dated 05.10.2021 drawn on the Chanasma Nagrik Sahkari Bank Limited, Naranpura Branch, Ahmedabad, is being handed over in the open Court to the appellant - Lalitaben and Latitaben has accepted the cheque on her own free will and volition.

11.In view of the aforesaid, without disturbing the decree of divorce, the decree stands modified in terms of the settlement which has been reduced into writing and placed on record.

12.With this settlement arrived at between the parties, it is understood that if there are any proceedings initiated by either of the parties, they stand terminated.

13.Registry to draw a decree in terms of the settlement which has been placed on record.

14.In view of above, the First Appeal stands disposed of. The connected Civil Application would also not survive and the same is disposed of.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI