Heenaben Bipinbhai Pithadiya vs Bipinbhai Vrajlal Pithadiya
2023 Latest Caselaw 1562 Guj

     C/FA/3656/2018                               ORDER DATED: 14/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3656 of 2018

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                      HEENABEN BIPINBHAI PITHADIYA
                                  Versus
                       BIPINBHAI VRAJLAL PITHADIYA
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Appearance:
MR SANDIP M PATEL(5649) for the Appellant(s) No. 1
MR VAIBHAV A VYAS(2896) for the Appellant(s) No. 1
RULE UNSERVED for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MS. JUSTICE NISHA M. THAKORE

                              Date : 14/02/2023

                               ORAL ORDER

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

1. By way of present appeal under Section-19 of the Family Courts Act, 1954 read with Section-28 of the Hindu Marriage Act, 1955, present appellant - original applicant wife has challenged the judgment and order dated 05.07.2018 passed by learned Judge, Family Court No.2, Ahmedabad in Family Suit No. 230 of 2005, by which, learned Family Court Judge has dismissed the petition filed by present appellant - wife for restoration of conjugal rights.

2. Present appeal came to be admitted by the Coordinate Bench of this Court on 27.11.2018

3. An affidavit came to be filed on behalf of the appellant through

C/FA/3656/2018 ORDER DATED: 14/02/2023

Mr. Vaibhav Vyas, learned advocate, stating that during pendency of this appeal, parties have decided to resolve the issue and particularly, in view of the fact that they are residing separately since more than 17 years. Both the parties have decided to dissolve the marriage. An agreement on the said line was signed by both the parties on 04.04.2022 which was notarized. A xerox copy of the agreement dated 04.04.2022 is taken on record.

4. Learned advocate Mr. Vaibhav Vyas states that according to the settlement, the petition under Section 13(B) of the Hindu Marriage Act came to be allowed.

5. In view of the above, learned advocate Mr. Vaibhav Vyas does not press this appeal. Accordingly, present appeal is dismissed as not pressed.

(A.J.DESAI, J)

(NISHA M. THAKORE,J) F.S.KAZI