Gujarat High Court
Manishbhai Narotambhai ... vs Mittalben Manishbhai Prajapati on 29 October, 2021
Bench: J.B.Pardiwala, Niral R. Mehta
C/FA/3037/2018 ORDER DATED: 29/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3037 of 2018
With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
In R/FIRST APPEAL NO. 3037 of 2018
With
R/FIRST APPEAL NO. 4056 of 2018
==========================================================
MANISHBHAI NAROTAMBHAI PRAJAPATI
Versus
MITTALBEN MANISHBHAI PRAJAPATI
==========================================================
Appearance:
KAUSHAL H PATEL(9328) for the Appellant(s) No. 1
MR P P MAJMUDAR(5284) for the Appellant(s) No. 1
MR DHRUV K DAVE(6928) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 29/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. Since the issues involved in both the captioned First Appeals are
interrelated and the parties are also the same, those were taken up for
hearing analogously and are being disposed of by this Court common
order.
2. This litigation arises from a matrimonial dispute between husband
and wife. In both the captioned Appeals, the appellant is the husband,
whereas the respondent is the wife. It appears that the husband instituted
the Family Suit No.929 of 2014 for a decree of divorce (dissolution of
C/FA/3037/2018 ORDER DATED: 29/10/2021
marriage) under Section 13(1-B) of the Hindu Marriage Act. This Family
Suit No.929 of 2014 came to be dismissed vide the judgment and decree
dated 10.1.2018. The First Appeal No.3037 of 2018 seeks to challenge
the judgment and decree passed by the Family Court, Vadodara in the
Family Suit No.929 of 2014.
3. It appears that at the same time, the wife filed an application in the
form of Family Suit No.517 of 2010 under Section 9 of the Hindu
Marriage Act, seeking restitution of conjugal rights. The said application
came to be allowed. The judgment and order passed by the Family Court,
Vadodara in the Family Suit No.517 of 2010 instituted by the wife has
given rise to the connected First Appeal i.e. First Appeal No.4056 of
2018.
4. Today, when the matter was taken up for hearing, the learned
counsel appearing for the parties brought to our notice that during the
pendency of both the appeals, the parties have been able to arrive at an
amicable settlement. The settlement has been reduced into writing duly
signed by the parties and notarized. Mr.Manishbhai Narotambhai
Prajapati (husband) is personally present in the Court. Ms.Mittalben
Manishbhai Prajapati (wife) is also personally present in the Court. We
inquired with both about the settlement and they submitted that they have
C/FA/3037/2018 ORDER DATED: 29/10/2021
settled all the disputes and the document containing the terms of
settlement has been duly signed by them. We also inquired with
Mittalben about the settlement. She submitted that in view of the
settlement arrived at, the marriage may be dissolved and a decree of
divorce be passed by this Court.
5. The document reducing the terms of settlement in both the First
Appeals is ordered to be taken on record. The same shall be kept for all
times to come with the record of this case. The decree passed by the
Family Court, Vadodara in both the suits shall stand substituted with the
terms of settlement. The Registry shall now draw a fresh decree in terms
of the settlement arrived at between the parties. We may only say that in
view of the terms of the settlement, the marriage between the parties
stands dissolved. The parties shall abide by the terms of the settlement.
6. Both the appeals are accordingly disposed of in the aforesaid terms.
The parties to bear their own costs.
7. Civil Application No.1 of 2021 also stands disposed of.
(J. B. PARDIWALA, J)
(NIRAL R. MEHTA,J)
V.J. SATWARA
