Parth Bhagwanbhai Parmar vs Urvi W/O Parth Bhagwanbhai Parmar ...
2023 Latest Caselaw 1412 Guj

       C/FA/14/2021                           ORDER DATED: 09/02/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO.14 of 2021

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                     PARTH BHAGWANBHAI PARMAR
                               Versus
     URVI W/O PARTH BHAGWANBHAI PARMAR D/O PRAVINBHAI PARMAR
=========================================
Appearance :
MS DIPMALA S DESAI for the Appellant.
JAY A MEHTA for the Defendant.
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M.
       SAREEN

                       Date : 09/02/2023
                         ORAL ORDER

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

1. By way of the present appeal, the appellant - husband has challenged the judgment and order dated 5.2.2020 passed by learned Principal Judge, Family Court, Bharuch in Hindu Marriage Petition No.6 of 2018 by which the learned Family Court has dismissed the said petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking decree of dissolution of marriage which was solemnized between the parties on 3.5.2013 as per Hindu Rites and rituals.

2. The appeal came to be admitted on 7.1.2021.

3. When the appeal is called out today for hearing, learned advocates appearing for the respective parties have stated that the matter was referred to mediation and ultimately, it was

C/FA/14/2021 ORDER DATED: 09/02/2023

amicably settled and the parties have decided to file a petition under Section 13 (B) of the Act before the Family Court, Bharuch for divorce by mutual consent. Undertakings have also been filed by the parties before this Court which are taken on record. As per the said undertakings, both the parties have agreed that they will file necessary petition under Section 13 (B) of the Act before the Family Court, Bharuch for divorce by mutual consent. It is also stated in the said undertaking filed by the appellant - husband that he has also deposited Rs.9 Lacs before the Registry of this Court. Both the appellant as well as respondent have remained present before this Court today and they have been identified by their respective advocates.

4. In view of the above, the present appeal stands allowed. The judgment and order dated 5.2.2020 passed by learned Principal Judge, Family Court, Bharuch in Hindu Marriage Petition No.6 of 2018 is quashed and set aside. We also hereby issue following directions :-

(i) That as agreed between the parties, the parties to the present proceedings shall file petition under Section 13 (B) of the Act before the Family Court, Bharuch for divorce by mutual consent within a period of one week.

(ii) The parties shall appear before the Family Court, Bharuch on the day fixed by the Family Court. In view of the fact that the parties are residing separately since last five years, the learned Family Court, Bharuch shall waive the period and decide the petition that may be filed by the parties under Section 13 (B) of the Act as expeditiously as possible, within a period of one month from

C/FA/14/2021 ORDER DATED: 09/02/2023

the date of filing of the petition.

(iii) Registry of this Court is hereby directed to transfer the amount of Rs.9 Lacs deposited by the appellant to the Court of Family Court, Bharuch forthwith.

(iv) After the petition under Section 13 (B) of the Act is disposed of by the Family Court, Bharuch, the amount of Rs.9 Lacs shall be credited in the account of the respondent - wife by RTGS, upon providing necessary bank account details by the respondent - wife.

(v) Registry is directed to send the Records and Proceedings to the concerned Court forthwith.

Direct service is permitted to both the parties.

(A. J. DESAI, J)

(RAJENDRA M. SAREEN,J)

SAVARIYA