Gujarat High Court
Krimal Kishorbhai Gandhi vs None on 9 May, 2025
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C/SCA/3395/2025 ORDER DATED: 09/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3395 of 2025
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KRIMAL KISHORBHAI GANDHI & ANR.
Versus
NONE
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Appearance:
MR KRUNAL A AGRAWAL(12812) for the Petitioner(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/05/2025
ORAL ORDER
1. Heard Mr. Krunal Agrawal, learned advocate on record
for the petitioners.
2. Pursuant to the order dated 23.4.2025, passed by this
Court the parties have appeared before the learned Mediator
attached with the Gujarat High Court, Mediation Center. The
learned Mediator has reported that the parties were heard at
length and they have successfully agreed to resolve their
dispute amicably. The learned Mediator had also verified the
fact that there is no scope of any cohabitation between the
parties. The memorandum of understanding dated 2.5.2025
has also been placed on record along with the report. The
same reads as under :-
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This memorandum of understanding has been executed
between Krimal Kishorbhai Gandhi, Age: 34 Years, Male,
Hindu, Occupation: Job, residing at: Flat No. 208, Ramdev
Alteza, Zundal, Gandhinagar and Nidhi W/o Krimal
Gandhi D/o Jitendrakumar Thakkar Age: 32 Years,
Female, Hindu Occupation: Job Residing at: G-403,
Prathna Greens, Sargasan, Unvarsad, Gandhinagar. The
marriage between the Petitioner was solemnized on
19.02.2018. Both the parties were residing together as
husband and wife and thereafter they separated since
July, 2023. As the disputes and differences had arisen
between the parties hereto.
1. This Hon'ble High Court of Gujarat at Ahmedabad vide
order dated 23.04.2025 had referred the above matter to
the Gujarat High Court Mediation Centre.
2. Mediation sessions was held with the parties and
advocate today i.e. 02.05.2025.
3. That with the indulgence of the Mediator and the
counsels and the parties, the parties have agreed and
decided to resolve their disputes amicably and
accordingly this memorandum of understanding is being
executed in the presence of the Mediator, parties and the
counsel of the parties.
4. The parties have agreed and decided that they cannot
live together as husband and wife and therefore they shall
live separately forever and put an end to their
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matrimonial ties.
5. The terms and conditions of memorandum of
understanding are stated here under:
(A) Both the parties have agreed that they will not make
any financial claim against each other and will treat all
the disputes regarding these financial claims are settled
and now there are no dues pending against each other.
(B) Both the parties have also accepted that they will have
no claim whatsoever in future with regard to their
movable and immovable properties and of their
respective family members, in relation to this
matrimonial alliance.
(C) The parties state that nothing remains to be
exchanged henceforth between them and all the articles
relating to Streedhan of wife and all the documents of
wife are returned by husband to wife to her satisfaction.
Hence now there is no dispute about the same and
respondent husband and applicant wife will not raise any
dispute with regard to whatever gold, silver and all other
valuabies including streedhan articles and documents.
(D) That, there is no child born out of this marriage.
(E) Both the parties have agreed that they will not
interfere in each other personal life.
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(F) That, the parties have not filed any other criminal or
civil case against each other except the present Family
Suit No. 679/2024 for mutual divorce pending before the
Family Court, Gandhinagar.
(G) It is agreed that the parties shall not claim any rights
under any head or in any form against each other. All the
disputes between the parties herein above stands settled
by executing this memorandum of agreement and both
the parties are bound to follow the terms of this
memorandum of understanding strictly.
(H) Both the parties hereby agree to pray before the
Hon'ble Court to quash and set aside the impugned order
dated 12.02.2025 passed by the Ld. Principal Family
Judge, Gandhinagar in F.S. No. 679 of 2024 and allow
present Special Civil Application by waiving the statutory
period under Section 13(B)(2) of The Hindu Marriage Act,
1955 and to direct the Hon'ble Family Court to dispose the
matter expeditiously.
(1) The parties have voluntarily settled all the disputes
amicably, without any coercion, understood the contents
of terms of settlement and have put their signatures on
the same.
(J) Both the parties to this proceeding would pray to the
Hon'ble Court to pass appropriate orders in terms of the
consent terms arrived at between them in the above
referred applications.
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(K) The terms of the settlement are explained and
interpreted in Hindi, Gujarati, and English to both the
parties and then recorded their consent and they have put
their signatures voluntarily as a token of having accepted
the same before the Mediator appointed by the Mediation
Centre of the Hon'ble High Court of Gujarat at
Ahmedabad on this 2nd day of May, 2025.
3. The aforesaid memorandum of understanding has been
signed by the respective parties in presence of the learned
Mediator.
4. Having considered the aforesaid report submitted by
the learned Mediator, this Court has examined the impugned
order dated 12.2.2025, passed by the learned Principal Judge,
Family Court, Gandhinagar, below Exh. 9 in Family Suit No.
679 of 2024. The learned judge has refused to entertain the
prayers sought for in the application preferred by the
present petitioners at Exh. 9 wherein the petitioners have
sought waiver of six months time as provided under Section
13(B) (2) of the Hindu Marriage Act, 1955 (for short 'the
Act'). The learned judge has refused to entertain such
application mainly on the ground that the statutory period
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as provided under Section 13(B) (2) of the moving the motion
by both the parties not earlier than six months after the date
of presentation of the petition referred to in Sub Section 1
and not later than 18 months after such date, has not been
fulfilled since the petition has been filed on 19.12.2024 and
therefore, the date on which the application at Exh. 9 being
preferred on 5.2.2024 was prior to the completion of
statutory period of six months as prescribed under Section
13(B) (2) of the Act, 1955. At this stage, it would be
appropriate to look into the judgment of the Honorable
Supreme Court in the case of Amardeep Singh Vs Harveen
Kaur reported in (2017) 8 SCC 746, whereby the Honble
Supreme Court while dealing with the matter as regards to
the waiver of statutory period under Section 13(B) (2) has
considered the following factors to be guiding factors to
consider such prayer for waiver of statutory period of six
months. Appropriate would be to reproduce the relevant
observations of the Honble Supreme Court in the this
regard:-
"19. Applying the above to the present situation, we are
of the view that where the court dealing with a matter is
satisfied that a case is made out to waive the statutory
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period under Section 13-B(2). it can do so after
considering the following:
(i) the statutory period of six months specified in Section
13-B(2), in addition to the statutory period of one year
under Section 13-B(1) of separation of parties is already
over before the first motion itself;
(ii) all efforts for mediation/conciliation including efforts
in terms of d Order 32-A Rule 3 CPC/Section 23(2) of the
Act/Section 9 of the Family Courts Act to reunite the
parties have failed and there is no likelihood of success
in that direction by any further efforts;
(iii) the parties have genuinely settled their differences
including alimony, custody of child or any other pending
issues between the parties:
(iv) the waiting period will only prolong their agony.
The waiver application can be filed one week after the
first motion giving reasons for the prayer for waiver. If
the above conditions are satisfied, the waiver of the
waiting period for the second motion will be in the
discretion of the court concerned.
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20. Since we are of the view that the period mentioned in
Section 13-B(2) is not mandatory but directory, it will be
open to the court to exercise its discretion in the facts
and circumstances of cach case where there is no
possibility of parties resuming cohabitation and there are
chances of alternative rehabilitation.
21. Needless to say that in conducting such proceedings
the court can also use the medium of videoconferencing
and also permit genuine representation of the parties
through close relations such as parents or siblings where
the parties are unable to appear in person for any just
and valid reason as may satisfy the court, to advance the
interest of justice.
22. The parties are now at liberty to move the court
concerned for fresh consideration in the light of this
order. The appeal is disposed of accordingly."
5. Applying the aforesaid legal principles laid down by the
Honble Supreme Court and having perused the report
submitted by the learned Mediator, this Court finds that the
parties have genuinely settled their differences including
alimony as pointed by learned advocate for the petitioners,
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no other proceedings have been filed by them till date. There
are no likelihood of reconciliation between the parties for
cohabitation. Prima facie, this Court finds that the parties
have moved ahead for dissolution of marriage by consent
and it is the case of irretrievable break down.
6. Noticing the report of the learned Mediator and the
circumstances of the case, in light of the principles laid
down by the the Honble Supreme Court, this Court is of the
view that the statutory period of six months is required to be
waived in the facts of the case. Hence the impugned order
dated 12.2.20225 passed by the learned Principal Judge,
Family Court, Gandhinagar, below Exh. 9 in Family Suit No.
679 of 2024 is hereby quashed and set aside. The prayers
sought for in the Application preferred at Exh. 9 is hereby
allowed.
7. With the above observations and directions, the present
petition is allowed to the aforesaid extent.
8. Direct Service is permitted.
(NISHA M. THAKORE,J)
MARY VADAKKAN
