Rakesh Jagdishbhai Patel vs Bosky Rameshbhai Patel
2022 Latest Caselaw 172 Guj

      C/FA/41/2022                                        ORDER DATED: 05/01/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/FIRST APPEAL NO. 41 of 2022

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                            RAKESH JAGDISHBHAI PATEL
                                     Versus
                            BOSKY RAMESHBHAI PATEL
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Appearance:
MR NIKHIL S VYAS(5663) for the Appellant(s) No. 1
MR RATHIN RAVAL 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 : 05/01/2022
                            ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

At the request of and with consent of learned advocates for the respective parties, present appeal is taken up for hearing and decision today. Mr. Rathin Raval, learned advocate, who has instructions to appear for the respondent, is permitted to file his vakalatnama for the respondent.

2. Admit. Mr. Rathin Raval, learned advocate for the respondent, waives service of notice of admission on behalf of the respondent.

3. By way of present appeal under Section 96 of the Code of Civil Procedure 1908, the appellant - original plaintiff has challenged the judgment and order dated 30.9.2021 passed by the learned Principal Judge, Family Court, Anand in Family Suit No.56 of 2018 by which the said suit filed for decree of divorce came to be dismissed.

C/FA/41/2022 ORDER DATED: 05/01/2022

4. Today, learned advocates for the respective parties have submitted before the Court that the matter is amicably settled between the parties and the parties have agreed to file a petition under Section 13(B) of the Hindu Marriage Act for decree of divorce stating that they have mutually agreed for divorce.

5. In view of the SOP issued by the High Court of Gujarat, the parties are not permitted to enter into the Court premises and therefore, a link is sent to the learned advocates appearing for the respective parties. The parties, who are outside the Court premises, have accordingly joined the proceedings through video conference. Mr. Nikhil Vyas, learned advocate has identified the appellant husband whereas Mr. Rathin Raval, learned advocate has identified the respondent wife. Both, the appellant and the respondent, have stated that an amicable settlement is arrived at between them and the agreed amount is also received by the respondent wife and now, both of them, agree to file a petition under Section 13(B) of the Hindu Marriage Act. The settlement between the parties is ordered to be taken on record.

6. In view of above settlement, following order is passed:-

6.1 The impugned judgment and order dated 30.9.2021 passed by the learned Principal Judge, Family Court, Anand in Family Suit No.56 of 2018 is set aside to the extent of the settlement between the parties.

6.2 The parties are permitted to file a petition before the competent court under Section 13(B) of the Hindu Marriage Act

C/FA/41/2022 ORDER DATED: 05/01/2022

as early as possible, however, latest by 4 weeks from today.

In view of above, present appeal is partly allowed in terms of the settlement between the parties and accordingly stands disposed of.

(A.J.DESAI, J)

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN