Gujarat High Court
Ilaben Mehulbhai Parmar D/O Ratilal ... vs Mehulbhai Satishbhai Parmar on 19 December, 2023
Author: Biren Vaishnav
Bench: Biren Vaishnav
NEUTRAL CITATION
C/FA/5230/2019 ORDER DATED: 19/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5230 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5230 of 2019
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ILABEN MEHULBHAI PARMAR D/O RATILAL CHANABHAI
Versus
MEHULBHAI SATISHBHAI PARMAR
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Appearance:
PRANAV U RAVAL(9475) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 1
MR SHRIANG MASHRUWALA FOR MS VISHWA A SHASTRI(10559) for the
Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 19/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. This First Appeal has been filed by Ilaben Mehulbhai Parmar
aggrieved by the judgment and decree dated 16.11.2018 passed
by the learned Judge, Family Court, Bhavnagar. The respondent -
Mahulbhai Satishbhai Parmar had approached the Family Court,
Bhavnagar, by filing Family Suit No.100 of 2018 seeking divorce
under Section 13(1)(1-a) of the Hindu Marriage Act, 1955. The
Family Court by the judgment and decree dated 16.11.2018
allowed the petition on the ground that Mehulbhai Parmar, the
husband had proved the ground of cruelty and was therefore,
entitled for decree of divorce.
2. Aggrieved by the judgment and decree, the wife - Ilaben
filed the First Appeal. By an order dated 06.03.2020, this Court
NEUTRAL CITATION
C/FA/5230/2019 ORDER DATED: 19/12/2023
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had granted ad interim relief staying the judgment of the Family
Court. On the previous date of hearing i.e. on 04.12.2023, the
Court had impressed upon the parties through their learned
counsels to arrive at some amicable settlement looking to the age
of erstwhile estranged couple.
3. We are happy to note that today, Mehulbhai Parmar, the
original decree holder before the Family Court has filed an
affidavit, the contents of which read as under:
"1. I, Mehulbhai Satishbhia Parmar, Aged : 31 years,
Male, residing at: Plot No.45, Ramdevnagar - 1, Opp.
ST workshop, Behind P & T Quarter, Chitra, Bhavnagar,
Gujarat, 364 004, do solemnly state on oath that:
2. The present appeal was filed challenging the
judgment and decree dated: 16/11/2018 passed by Ld.
Judge, Family Court, Bhavnagar, wherein the applicant,
seeking to dissolve the marriage which was solemnized
with the appellant herein - original defendant, was
allowed.
3. However, after the involvement of the elders of both
the families and consultation of the advocate, whatever
disputes which were there between me and the appellant
herein - original defendant have been resolved.
4. Moreover, the appellant herein - original defendant
and respondent herein - original plaintiff are ready to live
together and resume our married life. Hence, I request
this Hon'ble Court to quash and set aside the judgment
and decree dated 16/11/2018 passed by the Ld. Judge,
Family Court, Bhavnagar."
4. Mehulbhai Parmar is present before us and is so identified
by the learned advocate appearing for the respondent. Ilaben
Parmar, the appellant and wife of Mehulbhai Parmar is also
present and is accordingly identified by Mr. Pranav Raval, learned
NEUTRAL CITATION
C/FA/5230/2019 ORDER DATED: 19/12/2023
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advocate for the appellant.
5. On interactions with the appellant and the respondent in the
Court, we find that Mehulbhai Parmar is ready and willing to live
with Ilaben and resume his marriage life. So also, Ilaben Parmar
has mutually agreed in reciprocation that she too is willing to
resume a normal marriage life with Mehulbhai Parmar in light of
the fact that the parties have decided to resolve the disputes on
the intervention of the elders.
6. Based on the affidavit filed by Mehulbhai Parmar and having
conversed with the parties i.e. Ilaben Parmar and Mehulbhai
Parmar both of whom have expressed their desire to live together
henceforth the judgment and decree dated 16.11.2018 granting
divorce to Mehulbhai Parmar (husband), which is subject matter of
challenge by the wife Ilaben Parmar, is quashed and set aside. It is
made clear that since both the parties have agreed to resume their
marriage life, the decree of the Family Court is set aside. The
appeal is allowed in terms of settlement arrived at between the
parties. Civil Application also stands disposed of.
(BIREN VAISHNAV, J)
(NISHA M. THAKORE,J)
Y.N. VYAS
