Gujarat High Court
Kalpeshkumar Babulal Makwana ... vs Rajal Kalpeshkumar Makwana D/O ... on 22 February, 2022
Bench: A.J.Desai
C/FA/1362/2020 JUDGMENT DATED: 22/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1362 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.J.DESAI Sd/-
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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KALPESHKUMAR BABULAL MAKWANA (JAKHANIA)
Versus
RAJAL KALPESHKUMAR MAKWANA D/O LALITBHAI PARMAR
================================================================
Appearance:
MR.HARDIK B SHAH(3751) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 1
MR.DEVENDRA H PANDYA(6462) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 22/02/2022
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
Admit. Learned advocate Mr. Devendra Pandya waives
service of admission on behalf of the respondent. With consent of
the parties, the appeal is taken-up for final hearing and decision
today.
C/FA/1362/2020 JUDGMENT DATED: 22/02/2022
2. Present appeal arises from the judgment and order dated
1.8.2019 passed by the learned Family Court, Ahmedabad in
Family Suit No.883 of 2017 by which the application filed by the
present appellant - original petitioner under Section 9 of the
Hindu Marriage Act, 1955 came to be dismissed.
3. Notice in the present appeal came to be issued on
13.3.2020, making it returnable on 17.4.2020.
4. During pendency of the suit, the parties have agreed to get
divorce from the Competent Court. They have entered into an
agreement for the same on 28.10.2021, a copy of agreement
dated 28.10.2021 is produced on record, which is ordered to be
taken on record.
5. Today, the parties have remained present before the Court.
6. Learned advocates appearing for the respective parties
have identified the appellant as well as the respondent
respectively. On inquiry, the parties have stated that they have
knowledge of the terms and conditions of the written agreement
dated 28.10.2021 and they have requested the Court that the
order impugned may be quashed and set aside and the parties
may be relegated to the Family Court to file appropriate
application.
7. In view of above, following order is passed:-
7.1 The judgment and order dated 1.8.2019 passed by the
learned Family Court, Ahmedabad in Family Suit No.883 of 2017
C/FA/1362/2020 JUDGMENT DATED: 22/02/2022
is hereby quashed and set aside.
7.2 The parties shall file application under Section 13(B) of the
Hindu Marriage Act, 1955 before the Family Court, Ahmedabad
within a period of 2 weeks from today.
As and when such application is filed, the Family Court,
Ahmedabad shall decide the same in accordance with law.
7.3 It is made clear that this Court has not decided the appeal
on merits.
With above direction, present appeal is allowed and
accordingly stands disposed of.
Sd/-
(A.J.DESAI, J)
Sd/-
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
