Gujarat High Court
Priyanka Ramjibhai Pattani W/O ... vs Ashwinkumar Ramanlal Pattani on 30 January, 2023
Bench: A.J.Desai
C/FA/637/2015 JUDGMENT DATED: 30/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 637 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.J.DESAI Sd/-
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Sd/-
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1 Whether Reporters of Local Papers may be allowed NO
to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy NO
of the judgment ?
4 Whether this case involves a substantial question NO
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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PRIYANKA RAMJIBHAI PATTANI W/O ASHWINKUMAR RAMANLAL
Versus
ASHWINKUMAR RAMANLAL PATTANI
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Appearance:
MR BM MANGUKIYA(437) for the Appellant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Appellant(s) No. 1
MR PH GOHIL(1878) for the Defendant(s) No. 1
MR VAIBHAV A VYAS(2896) 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 : 30/01/2023
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of present Appeal, the appellant - original
respondent / wife has challenged the judgement and decree
C/FA/637/2015 JUDGMENT DATED: 30/01/2023
dated 07.03.2015 passed by the learned Principal Judge,
Family Court, Gandhinagar in Hindu Marriage Petition
No.69 of 2013 (Old HMP No.82/2011), by which, the
learned Family Court passed decree of divorce in favour of
the applicant husband by holding that the marriage
between the parties, which was solamanised on
20.05.2006, is dissolved.
2. Present Appeal came to be admitted by Co-ordinate
Bench of this Court on 24.06.2015. On the same day, an
order was passed staying the execution, operation and
implementation of the aforesaid judgement and decree
dated 07.03.2015 passed by the learned Principal Judge,
Family Court, Gandhinagar in Hindu Marriage Petition
No.69 of 2013 (Old HMP No.82/2011).
3. The matter was listed time and again for conciliation
and ultimately has been placed before this Court for final
hearing. Parties to the proceedings have remained present
before this Court and have been identified by their
respective advocates. A Joint Settlement Pursis dated
04.03.2022 signed by both the parties, notarised before the
Notary, has been placed on record, which reads as under :-
C/FA/637/2015 JUDGMENT DATED: 30/01/2023
"1. We the parties to this First Appeal
have married on May 20, 2006. The
appellant delivered of a baby boy
named Anshu on June 20, 2009.
2. We had serious disputes on account
of several reasons which led to filing of
the several proceedings, some of which
are still pending before the court. The
respondent herein had filed the petition
for divorce in the court of Principal Senior
Civil Judge, Gandhinagar which was
recorded as Hindu Marriage Petition No.
82 of 2011 however, when the Family
Court was constituted in Gandhinagar,
the said petition was transferred in the
Family Court which has been
renumbered as Family Suit No. 69 of
2013. The Family Court decreed the said
Hindu Marriage Petition vide judgement
and order on March 07, 2015. The said
decree is challenged before this Hon'ble
Court in the aforesaid First Appeal.
3. It may be noted that after filing of the
aforesaid First Appeal, the parties have
C/FA/637/2015 JUDGMENT DATED: 30/01/2023
started meeting each other and in fact
they started to cohabiting as well. All the
disputes between the parties through
this First Appeal have been settled
amicably. The parties in this proceeding
have one son who is now 11 years old.
The son is the joining chain between the
husband and wife which brought the
parents together. In fact, the dispute
between the in-laws have also been
settled and therefore, the respondent
hereby declares that he does not want to
proceed with his divorce petition and
would like to withdraw the divorce
petition filed before the competent court
at the relevant point of time. In that view
of the matter, the decree recorded by the
Family Court may be set aside and the
respondent may be permitted to
withdraw the petition preferred by the
respondent in Family Court. In fact the
husband and wife - the parties to this
proceeding are living happy life and
have no grievance against each other
and therefore, they do not want to
separate and do not want divorce.
C/FA/637/2015 JUDGMENT DATED: 30/01/2023
Therefore, these proceedings are to be
disposed of accordingly.
4. Since, there is settlement between the
parties, the civil and criminal cases filed
by each other are required to be
disposed off accordingly. The appellant
has filed criminal cases and
maintenance proceedings as well. By
placing this settlement pursis before the
concerned court, the civil and criminal
proceedings initiated by the appellant
would be withdrawn and on production
of this, the Hon'ble Concerned Court
may dispose of accordingly.
5. The appellant herein preferred a
petition before this Hon'ble Court against
the reduction of maintenance being
Special Criminal Application No.4498 of
2017. The respondent herein has
preferred Criminal Revision Application
No.344 of 2017 challenging the order of
awarding maintenance to the appellant.
Since, the husband and wife - the
appellant and respondent herein are
C/FA/637/2015 JUDGMENT DATED: 30/01/2023
joining each other, therefore, question of
receiving any maintenance from the
husband by the wife does not arise and
therefore, the said proceedings would
also be disposed off accordingly.
6. The appellant and the respondent
make earnest request before this
Hon'ble Court that since, there is
settlement between the parties which is
amicable and with consent of both of
them and for better future of son, they
have settled the issue and therefore, this
proceeding deserves to be disposed of
accordingly by quashing the decree of
divorce passed by the Ld. Principal
Family Judge, Family Court,
Gandhinagar dated 07.03.2015 in
Hindu Marriage Petition No 68 of 2013
and permitting the respondent to
withdraw the proceeding."
4. In view of the above settlement, certain questions were
asked by the Court to both the parties. The appellant is a
Doctor whereas the respondent is a Professor. Both of them
have stated that they are meeting regularly and have
C/FA/637/2015 JUDGMENT DATED: 30/01/2023
decided to live together for better future of the only child
named Ansh aged 13 years. The parties have stated that
they do not want that the judgement and decree of divorce
shall remain on paper. Therefore, they have requested that
the impugned judgement and decree be quashed and set
aside.
5. Having considered the settlement arrived at between
the parties and as per the desire of the parties, the
impugned judgement and decree dated 07.03.2015 passed
by the learned Principal Judge, Family Court, Gandhinagar
in Hindu Marriage Petition No.69 of 2013 (Old HMP
No.82/2011) is hereby quashed and set aside. Present
Appeal is accordingly allowed.
6. Both the parties have assured this Court that they
shall withdraw the respective cases filed by them within a
period of 10 days.
Sd/-
(A.J.DESAI, J)
Sd/-
(RAJENDRA M. SAREEN,J)
R.H. PARMAR
