[Cites 3, Cited by 0]
Gujarat High Court
Soumika W/O Rajan Balni D/O. Narendra ... vs Rajan Mukeshbhai Balani on 8 May, 2026
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/FA/1122/2026 ORDER DATED: 08/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1122 of 2026
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/FIRST APPEAL NO. 1122 of 2026
With
CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2026
In R/FIRST APPEAL NO. 1122 of 2026
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SOUMIKA W/O RAJAN BALNI D/O. NARENDRA PARASRAM GOPALANI
Versus
RAJAN MUKESHBHAI BALANI
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Appearance:
PRITESH M SHAH(8405) for the Appellant(s) No. 1
MR VB MAKWANA FOR MR MOHITKUMAR M BHATTI(9930) for the
Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 08/05/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned advocate Mr. Pritesh M. Shah for the
appellant and learned advocate Mr. V.B. Makwana for
learned advocate Mr. Mohitkumar M. Bhatti for the
respondent.
NEUTRAL CITATION
C/FA/1122/2026 ORDER DATED: 08/05/2026
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2. First Appeal is filed by the appellant-wife being aggrieved
by decree of divorce passed by the Family Court No.3,
Ahmedabad by judgment and decree dated 01.12.2025 in
Family Suit No.1850/2021 whereby the marriage
solemnized between the parties was ordered to be dissolved
with effect from the date of decree on the ground of cruelty
under section 13(1)(i-a) of the Hindu Marriage Act, 1955.
3. Learned advocate Mr. Pritesh Shah for the appellant-wife
and learned advocate Mr. V.B. Makwana for learned
advocate Mr. Mohitkumar M. Bhatti for the respondent-
husband submitted that an amicable settlement has been
arrived at between the parties on 23.04.2026 for consent
divorce. It was submitted that Civil Application No.2/2026
is preferred with a prayer to quash and set aside the ex-
parte judgment and decree dated 01.12.2025 passed by the
learned Family Court in Family Suit No. 1850/2021 or in
the alternative substitute the decree of divorce passed by
the learned Family Court as a consent decree of divorce
under section 13B of the Hindu Marriage Act, 1955 in
terms of settlement arrived at between the parties and
NEUTRAL CITATION
C/FA/1122/2026 ORDER DATED: 08/05/2026
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reduced in writing.
4. The appellant and the respondent are present before this
Court through video conference and they have given their
consent to the Settlement Agreement reduced in writing on
23.04.2026.
5. Learned advocates for both the sides also submitted that
almost all the terms of settlement are complied with except
the proceedings initiated under section 498A of the IPC
which also shall be disposed of and affidavit of the
appellant is given to the Court.
6. In view of above submissions, the impugned judgment and
decree passed by the learned Family Court No.3 is
substituted by consent decree of divorce as per the terms
of Settlement Agreement dated 23.04.2026 arrived at
between the parties under section 13B of the Hindu
Marriage Act, 1955.
7. Accordingly, the judgment and decree dated 01.12.2025
NEUTRAL CITATION
C/FA/1122/2026 ORDER DATED: 08/05/2026
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passed by the learned Family Court No.3 in Family Suit No.
1850/2021 is hereby quashed and set aside and the
matter is remanded back to the learned Family Court to
draw a decree as consent decree under section 13B of the
Hindu Marriage Act, 1955 as per the Settlement Agreement
dated 23.04.2026 placed on record at Annexure-B to the
Civil Application No.2/2026
8. Appeal as well as Civil Applications are accordingly
disposed of.
(BHARGAV D. KARIA, J)
(L. S. PIRZADA, J)
RAGHUNATH R NAIR
