Bhavinkumar Jayantilal Parmar vs Diptiben Kantibhai Dabhi
2023 Latest Caselaw 6803 Guj

                                                                          NEUTRAL CITATION




     C/FA/4675/2019                       ORDER DATED: 14/09/2023

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
            R/FIRST APPEAL NO. 4675 of 2019
                           With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                            In
            R/FIRST APPEAL NO. 4675 of 2019
                           With
            R/FIRST APPEAL NO. 4676 of 2019
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              BHAVINKUMAR JAYANTILAL PARMAR
                          Versus
                 DIPTIBEN KANTIBHAI DABHI
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Appellant(s) No. 1
MR.SHASHIKANT PARMAR(6346) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                      Date : 14/09/2023
                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE DIVYESH A. JOSHI)

1. First Appeal No.4675/2019 is directed against the judgment and decree dated 24.07.2019 passed by the learned Principal Judge, Family Court, Nadiad in Family Suit No.113/2018, by which, the suit filed by the respondent - wife seeking restitution of conjugal rights under Section 32 of the Indian Divorce Act has been allowed.

2. First Appeal No.4676/2019 is directed against the judgment and decree dated 24.07.2019 passed by the learned Principal Judge, Family Court, Nadiad in Family Suit No.128/2018, by which, the suit filed by the appellant - husband seeking divorce under

NEUTRAL CITATION

C/FA/4675/2019 ORDER DATED: 14/09/2023

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Section 10 of the Indian Divorce Act has been rejected.

3. When the matter is taken up for hearing, learned advocates appearing for the parties have tendered copies of settlement agreement/ full and final settlement executed between the appellant - husband and the respondent - wife duly signed and notarized as well as affidavit sworn by the respondent - wife and submitted that amicable settlement has been arrived at by and between the parties and they have decided to put an end to the proceeding pending between the parties. It is submitted by both the parties that the respondent

- wife has given her consent that if the aforesaid appeals are allowed, she has no objection. It is, therefore, urged that both these appeals may be allowed in terms of settlement arrived at by and between the parties.

4. We have heard learned advocates appearing for the parties. We have also heard the appellant - husband and the respondent - wife present before this Court, who have been identified by their respective learned advocates. Upon making inquiry from them, they have admitted about the settlement arrived at by and between the parties. Further as stated above, the settlement arrived at by and between the parties has been reduced into writing, duly signed by the parties and notarized. Therefore, both these appeal deserve to be allowed.

NEUTRAL CITATION

C/FA/4675/2019 ORDER DATED: 14/09/2023

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5. In view of the aforesaid facts, we need not now adjudicate the aforesaid first appeals on merits. Accordingly, both first appeals stands allowed and the impugned judgment and decrees therein are also hereby quashed and set aside. The marriage between the parties stands dissolved in accordance with the terms of agreement reduced into writing, duly signed by the parties and notarized. The parties are directed to abide by the terms and conditions of the settlement deed. Registry shall now draw the decree of dissolution of marriage in accordance with the terms of the settlement arrived at between the parties .

6. Connected civil application stands disposed of.

Sd/-

(ASHUTOSH SHASTRI, J.)

Sd/-

(DIVYESH A. JOSHI, J.) Gautam