Divya W/O Abhishek Satishbhai ... vs Abhishek Satishbhai Shah
2023 Latest Caselaw 210 Guj

      C/FA/3361/2019                           ORDER DATED: 09/01/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/FIRST APPEAL NO. 3361 of 2019
                       With
   CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                        In
         R/FIRST APPEAL NO. 3361 of 2019
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   DIVYA W/O ABHISHEK SATISHBHAI SHAH AND D/O
           PRAHLADBHAI ATMARAM PATEL
                      Versus
            ABHISHEK SATISHBHAI SHAH
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MR PV PATADIYA(5924) for the Appellant(s) No. 1
MR. JARJEESKHAN(7235) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                        Date : 09/01/2023

                          ORAL ORDER

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

1. By way of present appeal under Section 19 of the Family Courts Act, 1984, the original respondent - wife has challenged the judgment and order dated 7 th November, 2017 passed by learned Principal Judge, Family Court, Surat in Family Suit no.391 of 2017 by which the learned Trial Court has decreed the suit in favour of the present respondent - husband and directed the present appellant to resume her cohabitation and fulfill the conjugal rights of the appellant as provided under Section 9 of the Hindu Marriage Act.

C/FA/3361/2019 ORDER DATED: 09/01/2023

2. Today, the learned advocates appearing for the respective parties submitted that during the pendency of the present appeal, the parties decided to dissolve the marriage, which was solemnized on 1st May, 2009 as per the Hindu rituals. Accordingly, they have filed a petition under Section 13(B) of the Hindu Marriage Act, 1955 before the Principal Judge of Family Court, Navsari being Family Suit no.112 of 2021.

3. The said petition is accepted by learned Principal Judge, Family Court, Navsari.

4. An affidavit filed by the respondent - husband declaring the same and supplying the true copy of the judgment and order dated 1st April, 2022 passed by the Family Court, Navsari in Family Suit no.112 of 2021 by which the petition filed by the parties herein under Section 13(B) of the Hindu Marriage Act, 1955 is accepted and decree is accordingly passed.

5. In view of the above development, nothing survives in this appeal. Accordingly, the appeal is disposed of. Notice is hereby discharged.

6. In view of the order passed in the main matter, connected Civil Application would not survive and the same is hereby disposed of.

(A.J.DESAI, J)

(RAJENDRA M. SAREEN,J) AMAR RATHOD...