Gujarat High Court
Ankil Prakashbhai Joshi vs Anjali D/O Jaykrushnbhai ... on 20 June, 2023
Bench: Ashutosh Shastri
C/FA/1898/2021 ORDER DATED: 20/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1898 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/FIRST APPEAL NO. 1898 of 2021
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ANKIL PRAKASHBHAI JOSHI
Versus
ANJALI D/O JAYKRUSHNBHAI KANAIYALAL VYAS W/O ANKIL
PRAKASHBHAI JOSHI
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Appearance:
MS. MEGHNA A PATEL(6651) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 1
MS G R VIJAYALAKSHMI(5047) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 20/06/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE DIVYESH A. JOSHI)
1. The appellant-Ankil Prakashbhai Joshi is the original
plaintiff and the opponent Anjali D/o.Jaykrushnbhai Kanaiyalal
Vyas is the original defendant, and for the sake of
convenience, they shall hereinafter be referred to as the
original plaintiff and the original defendant.
2. The original plaintiff-husband preferred a suit against the
original defendant-wife under Section 13(1)(i-a) of the Hindu
Marriage Act, 1955 before the Family Court, Vadodara for
obtaining decree of divorce on the ground of cruelty being
Family Suit No.202 of 2018.
C/FA/1898/2021 ORDER DATED: 20/06/2023
3. The Family Court issued notice which was duly served to
the defendant-wife. The defendant-wife appeared through her
advocate and contested the suit. Thereafter, the suit was
proceeded with and after considering and appreciating all the
documents and materials available on record, the Judge,
Family Court at Vadodara has passed judgment and order on
1st April, 2021 and rejected the suit filed by the husband.
4. Being aggrieved by and dissatisfied with the said
judgment and order, present first appeal is filed by the original
plaintiff-husband.
5. On 26.07.2021, appeal came to be admitted and notice
also came to be issued by this Court which was duly served to
the wife and she has appeared through her advocate. It is
brought to our notice that during the pendency of the present
first appeal, the matter is amicably settled between the parties
outside the Court, and pursuant to the said settlement, they
have prepared a deed of divorce in the presence of the
witnesses which was duly notarized before the Notary.
6. Today, when the matter is taken up for hearing, parties
are present in the Court and they have produced copy of the
said divorce deed along with the documents pertaining to their
identification and they have specifically stated that as per the
terms and conditions mentioned in the divorce deed, they have
buried all the differences arose between them and with the
help of family members and relatives, they have amicably
resolved all the disputes and prepared the present deed. A
copy of the said deed is directed to be taken on record.
C/FA/1898/2021 ORDER DATED: 20/06/2023
7. In the context of the aforenoted development, we deem
it proper to put quietus on the issue since parties have decided
to put an end to this long drawn litigation, as indicated above.
The Apex Court in the case of Shilpa Dhirendra Varma vs.
Dhirendra Ganpatlal Varma in Transfer Petition No.221 of 2020
has held thus;
"We have heard learned counsel for the petitioner as well
as for the respondent and the petitioner and respondent
who are connected by virtual mode and are identified by
their respective counsel.
This petition is filed by the petitioner-wife under Section
25 of the Code of Civil Procedure seeking transfer
of Marriage petition bearing no. A-2676 of 2018 titled
"Dhirendra G. Varma vs. Shipra D. Varma" from the
Family Court Bandra, Mumbai to the Family Court Ajmer,
Rajasthan. This Court by order dated 16 th April, 2021 has
directed the parties to explore the possibility
of settlement by way of mediation.
Now a joint application is filed by both the parties stating
that they have arrived at an amicable settlement and
have prayed for a decree of divorce by mutual consent by
dissolving the marriage solemnized on
25.04.2007. Settlement Agreement dated 6th July, 2021
is filed and the same is taken on record. We have
perused the same. The parties are connected in virtual
mode, and are identified by their respective counsel. The
parties have prayed for grant of decree of divorce in
exercise of power under Article 142 of the Constitution of
India.
Having heard the learned counsel for the parties and
after interacting with the parties, we deem it appropriate
that it is a fit case to exercise our power under Article
142 of the Constitution of India and to dissolve
the marriage by grant of decree of divorce. In view of the
terms of Settlement Agreement dated 06.07.2021,
the marriage solemnized between the parties on
C/FA/1898/2021 ORDER DATED: 20/06/2023
25.04.2007 is hereby dissolved by granting decree of
divorce. The decree be drawn accordingly. Consequently,
the Divorce Petition No.501 of 2018 pending before the
Family Judge, Ajmer, Rajasthan stands disposed of
accordingly. Further, the criminal case arising out of FIR
bearing No.0002 of 2018 on the file of P.S. Mahila Thana,
Ajmer, Rajasthan registered for offences under Sections
498A and 406, IPC and Sections 3 and 4 of Dowry
Prohibition Act, stands quashed.
The transfer petition is disposed of accordingly. Parties
are at liberty to produce a copy of this order to take
necessary steps for disposal of all other cases between
them."
8. Considering the above mentioned development that has
taken place during the pendency of the captioned appeal, we
deem it proper to allow the present appeal by quashing and
setting aside the judgment and order passed by the learned
Judge, Family Court at Vadodara dated 1 st April, 2021 in Family
Suit No.202 of 2018 an by allowing the relief of divorce as
sought for by the plaintiff in the suit on the basis of mutual
consent and settlement arrived at between the parties. Parties
shall abide by all terms and conditioned as agreed between
them in the above mentioned divorce deed. In the peculiar
facts and circumstances of the present case, by exercising our
jurisdiction as enshrined under the Constitution, the marriage
solemnized between the parties on 01.02.2016 at Vadnagar is
hereby dissolved by a decree of mutual consent in terms of
Section 13-B of the Act. It is needless to mention that the said
settlement agreement shall be read as part and parcel of this
order.
9. In view of the aforesaid, the present appeal stands
C/FA/1898/2021 ORDER DATED: 20/06/2023
disposed of accordingly. It is clarified that we have otherwise
not gone into the merits of the matter. Registry is directed to
draw the decree accordingly.
10. In view of the fact that the main appeal itself is disposed
of, the connected civil application does not survive and is
disposed of accordingly.
(ASHUTOSH SHASTRI, J)
(DIVYESH A. JOSHI,J)
VAHID
