Ankit Rajendrabhai Patel vs Palak Ankit Patel D/O Asharam ...
2023 Latest Caselaw 1857 Guj

     C/FA/2936/2019                               ORDER DATED: 22/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2936 of 2019

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                      ANKIT RAJENDRABHAI PATEL
                                Versus
                 PALAK ANKIT PATEL D/O ASHARAM PATEL
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Appearance:
MR RAXIT J DHOLAKIA(3709) for the Appellant(s) No. 1
MR JAY N SHAH(10668) for the Defendant(s) No. 1
MS NAMRATA HARISHBHAI CHAUHAN(6534) 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 : 22/02/2023

                               ORAL ORDER

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

By way of present appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955, the appellant - original applicant has challenged the judgment and order dated 22.05.2019 passed by learned Judge, Family Court No.2, Ahmedabad in Family Suit No. 422 of 2017, by which, the petition under Section 13(1) of the Hindu Marriage Act filed by present appellant - husband came to be rejected.

The appeal came to be admitted by the Coordinate Bench of this Court on 03.12.2019.

When the matter called out, learned advocates for the respective parties state that during pendency of present appeal, parties agreed

C/FA/2936/2019 ORDER DATED: 22/02/2023

mutually for dissolution of their marriage solemnized between them on 01.12.2011 at Ahmedabad as per the Hindu rites and rituals. The petition under Section 13(B) of the Hindu Marriage Act came to be filed jointly in the Family Court being Family Suit No. 2918 of 2022. Learned Family Court Judge has accepted the petition filed by the parties to the present proceedings and by judgment and order dated 30.01.2023, the marriage solemnized between the parties on 01.12.2011 at Ahmedabad is dissolved. A xerox copy of the judgment and order dated 30.01.2023 passed in Family Suit No. 2918 of 2022 is taken on record.

In view of the subsequent development i.e. the judgment and order dated 30.01.2023 passed in Family Suit No. 2918 of 2022 by which the marriage between the parties is dissolved, learned advocate for the appellant does not press this appeal. Accordingly, present appeal is dismissed as not pressed.

Registry is directed to send back the Record and Proceedings, if received, in present proceedings be send back to the Court concerned.

(A.J.DESAI, J)

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