Gujarat High Court
Patel Rahulbhai Premjibhai vs Patel Nehaben D/P Prabhudas ... on 28 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/1832/2024 ORDER DATED: 28/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1832 of 2024
With
R/FIRST APPEAL NO. 1865 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In
R/FIRST APPEAL NO. 1865 of 2025
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PATEL RAHULBHAI PREMJIBHAI
Versus
PATEL NEHABEN D/P PRABHUDAS KACHARABHAI
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Appearance:
MR MANISH J PATEL(2131) for the Appellant(s) No. 1
DR. HARDIK K RAVAL(6366) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 28/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present are the cross-appeals filed by the husband
and wife respectively. First Appeal No.1832 of 2024 is filed by the
appellant-husband against judgment and decree dated 01.04.2024
passed by the Principal Judge, Family Court, Modasa in Family Suit
No.15 of 2021, whereby suit filed by the appellant under Section 13
of the Hindu Marriage Act came to be rejected. First Appeal
No.1865 of 2025 is filed by the wife against judgment and decree
dated 15.04.2025 passed by the Principal Judge, Family Court,
Himmatnagar, Sabarkantha in Family Suit No.1 of 2020, which was
NEUTRAL CITATION
C/FA/1832/2024 ORDER DATED: 28/07/2025
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filed for restitution of conjugal rights.
2. In First Appeal No.1832 of 2024, notice was issued on
09.05.2024 returnable on 11.07.2024. Thereafter, by order dated
17.10.2024, the matter was transmitted to the Mediation Center of
this Court as both parties were willing to appeal before the
Mediation Center. However, by report dated 10.01.2025, learned
Mediator has reported that the mediation has been unsuccessful.
Therefore, the matter was proceeded on merits.
3. Today, when the matter is taken up for hearing, learned
Advocates for the parties reported that the matter is amicably
settled between the parties and the respondent-wife has filed an
affidavit in support of First Appeal No.1832 of 2024, filed by the
appellant-husband. In the affidavit, it is inter alia stated as under:-
"7. I say that our nature and temperaments were
incompatible and there were irreconcilable
differences and our marriage has broken down
irretrievably. Therefore, we both realized that we
cannot live together as husband and wife. I say
that we tried our best to reconcile the differences
between us but all the efforts were not successful,
therefore, we have mutually decided to dissolve
our marriage Dt. 20/02/2011.
8. I say that, as stated hereinabove, we have
decided to divorce each other by mutual consent.
NEUTRAL CITATION
C/FA/1832/2024 ORDER DATED: 28/07/2025
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As stated hereinabove, in order to reconcile, we
have made several sincere efforts but could not
succeed. It has now become evident that the
differences between us have reached to an
irretrievable extent and that we can no longer
reside together as husband and wife.
9. I say that as decided amicably and mutually
between us the amount of Rs. 27,00,000/- is paid
to me by the appellant, with respect to the final
settlement between us including permanent
maintenance cum final alimony. I say that we
have settled all our claims,counterclaims, etc. and
I have received my entire kariyavar, Stridhan,
Permanent alimony, maintenance, etc. and there
is no due with regard to any other claim between
us now. Hence in future also I will not claim
anything from the appellant and similarly the
appellant also will not claim anything from me in
future.
10. I say that litigations were filed by me against the
appellant, but those are now disposed of.
11. I say and submit that I am filing this affidavit with
my free will and consent without there being any
undue influence or pressure and I have no
objection if the present First Appeal No. 1832 of
2024 is allowed and I would request the Hon'ble
Court to quash and set aside the Judgment and
Decree Dt. 01/04/2024 passed by the Ld. Family
Court, Modasa in Family Suit No. 15 of 2021, on
NEUTRAL CITATION
C/FA/1832/2024 ORDER DATED: 28/07/2025
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the ground of settlement."
4. In view of the amicable settlement which is reflected
from the affidavit, which is reproduced hereinabove, judgment and
decree dated 01.04.2024 passed by the Principal Judge, Family
Court, Modasa in Family Suit No.15 of 2021 is hereby ordered to
be quashed and set aside. The marriage dated 20.02.2011 is
hereby declared to be dissolved. First Appeal No.1832 of 2024 is
allowed to the aforesaid extent.
5. In view of the aforesaid, as a necessary consequence,
order dated 15.04.2025 passed by the Principal Judge, Family
Court, Himmatnagar, Sabarkantha in Family Suit No.1 of 2020 is
also hereby quashed and set aside. First Appeal No.1865 of 2024
stands disposed of accordingly. The parties to bear their own
costs.
6. In view view of the order passed in the main appeal,
Civil Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J)
(NSSG,J)
SHITOLE
