Gujarat High Court
Harishbhai Prakashbhai Soni vs Ritaben D/O Panubhai Soni W/O ... on 14 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4635/2023 ORDER DATED: 14/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4635 of 2023
================================================================
HARISHBHAI PRAKASHBHAI SONI
Versus
RITABEN D/O PANUBHAI SONI W/O HARISHBHAI P SONI
================================================================
Appearance:
MR CHIRAG B AYDI(13146) for the Appellant(s) No. 1
MR. MAULIK M SONI(7249) for the Appellant(s) No. 1
NOTICE SERVED BY DS for the Defendant(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 14/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-husband
against judgment and decree dated 24.08.2023 passed by the
Principal Judge, Family Court, Nadiad in Family Suit No.44 of
2021, whereby the Family Court rejected the suit filed by the
appellant-husband for divorce under Section 13(ii) of the Hindu
Marriage Act.
2. Notice was issued on 27.10.2023 returnable on
19.12.2023. Thereafter, the matter was adjourned for time to time.
3. Today, when the matter is taken up for hearing, learned
Advocate for the appellant reported that the matter is amicably
NEUTRAL CITATION
C/FA/4635/2023 ORDER DATED: 14/08/2025
undefined
settled between the parties and the respondent-wife has filed
affidavit in support of the petition, whereby they have decided to
dissolve the marriage by mutual consent. Paras-2 to 4 of the said
affidavit read as under:-
"2. I say that I have gone through the memo of
petition and the facts and grounds stated in the memo
of petition are not disputed by me. At the outset I say
and submit that the disputes and grievances of both the
sides have been amicably settled and the both the
children's i.e. one son namely Dhairya aged 20 years
and one daughter namely Ajab aged 9 years and
presently both the children are staying with their grand
parents and they will further stay with the appellant
and I have no objection if both the children's resides
with the appellant.
3. I say that there is no possibility of reunion
between the appellant and the respondent. At the
outset I further states that as the alimony I have settled
and as alimony a sum of Rs.3,00,000/- is fixed. I further
states that it is mutually decided between the parties
that whenever the respondent no.2 wants to meet the
children the present appellant have no objection and
there is no objection for visitation right.
4. The deponent herein urged these Hon'ble Court
considering the comprise between the parties and be
pleased to dissolve the marriage and be pleased to pass
consent decree and be pleased to quash and set aside
the Judgment, order and Decree passed by the Hon'ble
NEUTRAL CITATION
C/FA/4635/2023 ORDER DATED: 14/08/2025
undefined
Family Court Nadiad at Nadiad in Family Suit No.44 of
2021 in the interest of justice."
4. In view of the amicably settlement arrived at between
the parties, the appeal stands allowed. The judgment and decree
dated 24.08.2023 passed by the Principal Judge, Family Court,
Nadiad in Family Suit No.44 of 2021 is quashed and set aside. The
marriage solemnized between the parties on 06.05.2001 is ordered
to be dissolved. Decree be drawn accordingly. The parties are
directed to abide by terms of settlement.
(A.Y. KOGJE, J)
(NSSG,J)
SHITOLE
