Hemendrakumar Parimalbhai ... vs Pinki Alias Pooja Hemendrakumar ...
2023 Latest Caselaw 1635 Guj

      C/FA/2114/2021                                        ORDER DATED: 16/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 2114 of 2021
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                    In R/FIRST APPEAL NO. 2114 of 2021
                                  With
                     R/FIRST APPEAL NO. 2116 of 2021
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                 HEMENDRAKUMAR PARIMALBHAI VALERA
                                 Versus
              PINKI ALIAS POOJA HEMENDRAKUMAR VALERA
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Appearance:
MS NASRIN M SHAIKH FOR MS SRUSHTI A THULA(5014) for the Appellant(s) No. 1
AVANI V PATEL(8016) 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 : 16/02/2023

                              COMMON ORAL ORDER

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

1. Out of aforesaid two First Appeals filed by the appellant, First Appeal No.2114 of 2021 is arising from the judgment and order dated 31.03.2021 passed by the learned Judge, Family Court No.3, Ahmedabad in Family Suit No.301 of 2017, by which the petition filed under Section 9 of the Hindu Marriage Act, 1955, came to be allowed.

Whereas First Appeal No.2116 of 2021 is arising from the judgment and order dated 31.03.2021 passed by the learned Judge, Family Court No.3, Ahmedabad in Family Suit No.562 of 2017, by which the petition filed under Section 13(1) of the Hindu Marriage Act, 1955, for dissolution of marriage came to be dismissed.

C/FA/2114/2021 ORDER DATED: 16/02/2023

2. Both these Appeals came to be admitted by the Coordinate Bench of this Court.

3. Today, when the matters are called out, learned advocates for both the parties state that as per the settlement arrived at between the parties, the petition under Section 13(B) of the Hindu Marriage Act was filed before the Family Court, Ahmedabad, being Family Suit No.2787 of 2022. They have produced xerox copy of the judgment and order dated 11.01.2023 passed by the learned Judge, Family Court No.2, Ahmedabad, in the said Family Suit, which is ordered to be taken on record. By the said judgment and order, the petition was filed under Section 13(B) of the Hindu Marriage Act, came to be allowed and the marriage between the parties solemnized on 14.02.2013 is dissolved.

4. Both the learned advocates have identified both the parties i.e. husband and wife, who are present before this Court. Upon inquiry, both parties have confirmed aforesaid facts.

5. In view of aforesaid fact about dissolution of marriage between the parties, the judgment and order dated 31.03.2021 passed by the learned Judge, Family Court No.3, Ahmedabad in Family Suit No.301 of 2017 as well as the judgment and order dated 31.03.2021 passed by the learned Judge, Family Court No.3, Ahmedabad in Family Suit No.562 of 2017 are hereby quashed and set aside. Accordingly, these Appeals are allowed.

C/FA/2114/2021 ORDER DATED: 16/02/2023

Civil Application does not survives in view of the disposal of the main First Appeal. Hence, Civil Application stands disposed of.

(A.J.DESAI, J)

(NISHA M. THAKORE,J) Y.N. VYAS