Rima Bhavin Patel D/O Sunderbhai ... vs Bhavin Ashwin Patel
2022 Latest Caselaw 5092 Guj

      C/FA/1116/2022                             JUDGMENT DATED: 13/06/2022



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1116 of 2022
                                     With
                  CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
                       In R/FIRST APPEAL NO. 1116 of 2022

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE R.M.CHHAYA

and

HONOURABLE MR. JUSTICE SANDEEP N. BHATT

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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       RIMA BHAVIN PATEL D/O SUNDERBHAI AMBALALBHAI DESAI
                              Versus
                      BHAVIN ASHWIN PATEL
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Appearance:
MR KUNAL S SHAH(5282) for the Appellant(s) No. 1
MR RAXIT J DHOLAKIA(3709) for the Defendant(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
          and
          HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                             Date : 13/06/2022
                             ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

C/FA/1116/2022 JUDGMENT DATED: 13/06/2022

1. Feeling aggrieved and dissatisfied by the judgment and decree dated 21.11.2021 passed by the learned Family Court no.2, Surat in Family Suit no.786/19, the present appellant, who happens to be the wife of the respondent, has preferred this appeal under Section 19 of the Family Courts Act, 1984. The appeal came to be admitted by Coordinate Bench vide order dated 8.4.2022 and the judgment and decree came to be stayed by way of ad-interim order of even date and as such Civil Application for stay was listed today for hearing before us.

2. Mr. Kunal S. Shah, learned advocate for the appellant-wife and Mr. Raxit J. Dholakia, learned advocate for the respondent-husband, in presence of both the parties, mentioned the matter and declared before us that the parties have amicably resolved the issue and have again started their new life as husband and wife. Mr. Dholakia, learned advocate for the respondent further stated that the respondent intends to put the affidavit-in- reply on record of the First Appeal and requests this Court that the judgment and decree, which is in his favour impugned in this appeal, be quashed and set aside with consent, as now both the parties have

C/FA/1116/2022 JUDGMENT DATED: 13/06/2022

reconciled as aforesaid. Under such circumstances, First Appeal was ordered to be listed forthwith today at 02:30 p.m.

3. The appellant - Mrs. Rima Bhavin Patel, daughter of Sunderbhai Ambalalbhai Desai and wife of Mr. Bhavin Ashwin Patel as well as the respondent - Mr. Bhavin Ashwin Patel are present in person before us. Respective learned advocates have identified them. Mr. Dholakia has also tendered an affidavit-in- reply, which is taken on record. The averments made in Paragraphs 3 to 5 clearly borne out that the parites have been able to mutually iron out differences and have again reunited with their children and are staying as husband and wife. The respondent - Mr. Bhavin Ashwin Patel has made the following statement in Paragraph 6 of the affidavit:-

"6. I have no objection if the impugned Judgment and Decree passed in Family Suit No. 786 of 2019, passed by the Learned Judge, Family Court No.2, Surat on 22-11-2021 is quashed and set aside and the present First Appeal is allowed. I further say and submitted on oath the the I file this affidavit with my full consent and without any force, coercion, threat or inducement. I therefore request this Hon'ble Court that while considering

C/FA/1116/2022 JUDGMENT DATED: 13/06/2022

the prayer made by the present Appeal in the memo of Appeal above canvassed aspects may kindly be consider and prayer prayed for may kindly be granted and discretion may kindly be exercised in favor of the Parties so that the decision taken by both the Parties herein can be respected by both the parties and members of both the families."

4. We also have interacted with both the parties in open Court and we have been informed that they have resolved the issue and have reunited and are staying as husband and wife at Vapi. In fact, the respondent - Mr. Bhavin Ashwin Patel also desires to withdraw the original proceedings being Family Suit no.786/19, which he had filed for divorce before the learned Family Court, Surat and has also stated before us that the judgment and decree be quashed and set aside.

5. In light of the aforesaid facts, we hereby allow the appeal and also permit the respondent-Mr. Bhavin Ashwin Patel to withdraw the original proceedings of Family Suit no.786/19 and quash and set aside the impugned judgment and order dated 22.11.2021 passed by the Family Court no.2, Surat.

C/FA/1116/2022 JUDGMENT DATED: 13/06/2022

6. Resultantly, the appeal is allowed. As the main First Appeal is disposed of, the Civil Application also would not survive and the same stands disposed of in the same terms. However, there shall be no order as to costs in this proceeding.

(R.M.CHHAYA,J)

(SANDEEP N. BHATT,J) Maulik