Surekhaben D/O Punjabhai Ahir And ... vs Amrabhai Premchandbhai Korali
2023 Latest Caselaw 3004 Guj

       C/FA/1543/2023                                   ORDER DATED: 18/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 1543 of 2023
                                 With
      CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 2 of 2023
                   In R/FIRST APPEAL NO. 1543 of 2023
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         SUREKHABEN D/O PUNJABHAI AHIR AND W/O AMRABHAI
                    PREMCHANDBHAI KORALI
                             Versus
                AMRABHAI PREMCHANDBHAI KORALI
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Appearance:
MR. JAY M THAKKAR(6677) for the Appellant(s) No. 1
MS TORAL M RATHOD for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
           and
           HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                Date : 18/04/2023
                                 ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. At the outset, learned advocates appearing for the respective parties have submitted that the parties have settled the dispute and the compromise affidavit dated 18.04.2023 of the respondent-husband is tendered to this Court. The same is ordered to be taken on record.

2. Learned advocate Ms.Toral Rathod has submitted that the respondent-husband is present before this Court.

3. The contents of the compromise affidavit, more particularly paragraph nos.5, 6, 7 and 8 are incorporated as under:-

"5. That pending suit, parties had settled the dispute, entered into compromise and accordingly, executed divorce deed inter alia

C/FA/1543/2023 ORDER DATED: 18/04/2023

declaring divorce between parties and crystallizing rights of both the parties. But due to unavoidable circumstances, as per Divorce Deed condition No: 9 could not proceed further. So far as the Divorce Deed condition No: 9 the appellant-wife will relinquishment her rights and name in Respondent-husbands property i.e. Mouje: Karamsad, Revenue Survey No: 326/1 paiki 2, 0- 17-20 He-Are-Cho-Mi, Final Plot no: 11 Residential House, which is in the joint name of both the parties. That, the Appellant-wife will be available at the Sub- Registrar office when the Token will be taken by the Respondent- Husbandb for the Relinquishment Deed. A copy of notarized divorce deed is annexed herewith and marked as Annexure - 'A'.

6. That in Family Suit No. 157 of 2020 filed by present appellant before the learned Principal Judge, Family Court, Anand, in written statement vide exh.11 as well as in my examination in chief vide exh. 13, I had averred that if the suit as prayed for is allowed, I would have no objection but only after following Divorce Deeds Condition No: 9, despite thereto, on conclusion of trial, learned Judge rejected the suit vide judgment and decree dated 18.11.2021 which is challenged in captioned Appeal.

7. That in view of condition referred in paragraph no.9 of the said compromise deed, appellant relinquishment deed. wife has executed relinquishment deed.

8. That since we have amicably settled the dispute and nothing is now to be exchanged between the parties and also the fact that we have executed divorce deed between us and appellant wife has executed relinquishment deed in my favor, I have no objection if the present Appeal is allowed and judgment and decree dated 18.11.2021 passed in Family Suit No. 157 of 2020 by learned Principal Judge, Family

C/FA/1543/2023 ORDER DATED: 18/04/2023

Court, Anand is quashed and set aside and Family Suit No.157/2020 is allowed and thereby decree of divorce is granted by this Hon'ble Court."

3. In view of the compromise, the judgment and decree dated 18.11.2021 passed in Family Suit No.157 of 2020 by the learned Principal Judge, Family Court, Anand is quashed and set aside and the Family Suit No.157 of 2020 is allowed and thereby decree of divorce is granted. Registry shall accordingly withdraw the decree. The parties shall abide with the conditions mentioned in the compromise deed.

4. Accordingly, the first appeal as well as the civil application are disposed of.

Sd/-

(A. S. SUPEHIA, J)

Sd/-

(DIVYESH A. JOSHI,J) ABHISHEK/21