Ajay Pravinbhai Mehta vs Hemaben W/O Ajaybhai Mehta D/O ...
2021 Latest Caselaw 15693 Guj

     C/FA/151/2021                             ORDER DATED: 05/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 151 of 2021

=============================================
                 AJAY PRAVINBHAI MEHTA
                         Versus
     HEMABEN W/O AJAYBHAI MEHTA D/O SOMABHAI P PATEL
=============================================
Appearance:
MR P P MAJMUDAR(5284) for the Appellant(s) No. 1
SIDDHANT R SHAH(8722) for the Defendant(s) No. 1
=============================================

 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 plaintiff (husband) questioning the legality and validity of the judgment and order passed by the Family Court, Vadodara, dated 29.02.2020 in the Family Suit No.185 of 2015 by which the Family Court dismissed the Suit filed by the appellant herein seeking the decree of divorce.

2. The appeal came to be admitted by this Court vide order dated 03.02.2021. During the pendency of this appeal, the parties have arrived at an amicable settlement. They have decided to file an appropriate application under Section 13(B) of the Hindu Marriage Act and seek a decree of divorce by consent.

3. We are informed that such application has been filed. In such circumstances, we dispose of this first appeal as not

C/FA/151/2021 ORDER DATED: 05/10/2021

pressed with liberty to parties to pursue their application filed under Section 13(B) of the Hindu Marriage Act.

4. The Family Court shall take up such application for hearing at the earliest, waive the cooling period and proceed to pass the decree of divorce with mutual consent of the parties.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J)

NEHA