Jay vs Darshak Rameshbhai Shah on 31 August, 2017

C/FA/1453/2016 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

FIRST APPEAL NO. 1453 of 2016
With
CIVIL APPLICATION NO. 6425 of 2016
In
FIRST APPEAL NO. 1453 of 2016

JAY W/O DARSHAK RAMESHBHAI SHAH AND D/O RAMESHBHAI
CHIMANLAL SHAH….Appellant(s)
Versus
DARSHAK RAMESHBHAI SHAH,NOTICE SERVED ON RES. AS “SENIOR
DATABASE ADMINISTRATOR,….Defendant(s)

Appearance:
MR RAVINDRA SHAH, ADVOCATE for the Appellant(s) No. 1
VIRAL K SHAH, ADVOCATE for the Defendant(s) No. 1

CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV

Date : 31/08/2017
ORAL ORDER

(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

1. This appeal is filed by the original petitioner of Hindu Marriage
Petition No. 1247 of 2011 filed before the Family Court,
Ahmedabad. Petitioner is the wife. Respondent is the husband.
The petition was filed on 08.11.2011 by the wife for dissolution
of marriage, which took place on 30.11.2008 as per Hindu rites,
on the ground of cruelty. This marriage petition was opposed by
the husband on various grounds. The Family Court passed
impugned judgement dated 06.01.2016 dismissing the petition.

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2. During the pendency of the present appeal, the parties attempted
to resolve their disputes. At the request of learned advocates for
the parties, therefore, a reference was made through the
Mediation Center, High Court of Gujarat. Through the efforts of
the learned advocates, Mediators and the wife and husband, a
settlement was brought about which was reduced in writing and
was titled as ‘Memorundum of understanding’ which was placed
before the Court along with report of the Mediator dated
31.07.2017. As per this agreement, the wife and husband would
pray for dissolution of marriage on mutual consent. The
husband was to pay a sum of Rs. 7,50,000/- to the wife which
would be by way of full and final settlement of her claims
towards alimony. The wife, in turn, had agreed to return gold
Mangalsutra and gold bangals given to her by the husband at the
time of marriage. Both sides would unconditionally withdraw
the allegations and counter allegations made against each other.

3. The record would suggest that the marriage between the couple
took place on 30.11.2008 as per Hindu rites. The couple have
no children. The relations between the wife and husband having
broken down completely, the wife filed divorce petition on
11.08.2011. Even before that, at any rate since the said date they
have lived separately. We are informed that despite best efforts,
reconciliation was simply not possible. Through the
intervention of friends and elders, the couple decided to annul

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the marriage without making allegations and counter allegations
against each other. Learned advocate for both sides conveyed to
us that they themselves had made efforts for reconciliation but
the same was simply not possible. With the efforts of the
learned advocates appearing for the parties and the Mediator,
the parties could bring about the final resolution to their
disputes in the terms noted above and more elaborately in the
MOU dated 31.07.2017. On the previous date of hearing i.e.
24.08.2017, we had recorded that pursuant to the said MOU, the
wife was handed over a pay order dated 24.08.2017 for a sum of
Rs. 7.50 lacs. In turn, the wife had returned the four gold
bangals and gold mangalsutra to the father of the husband. The
final effect of the MOU is now to be given by granting decree
of dissolution of marriage through mutual consent, as requested
by the parties.

4. To give legal shape to such understanding, we allow the learned
advocates for the parties to amend the family suit suitably
which would include amending the prayer clause seeking
divorce on mutual consent instead of the ground of cruelty and
unequivocal declarations by both sides that they withdraw all
allegations against the other party.

5. Having gathered the facts from record, we are satisfied that it is
fit case where it is simply not possible for the wife and husband
to live together. All conditions for granting a decree on mutual
consent under section 13B of the Hindu Marriage Act are

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satisfied.

6. Instead of remanding the proceedings to the Family Court for
passing of formal decree, in exercise of the appellate powers,
we presently grant such prayer to the wife and husband.

7. Consequently, the prayer for dissolution of marriage between
the petitioner and the respondent on mutual consent is granted.
The marriage dated 30.11.2008 shall stand dissolved. The
judgement of the Family Court dated 06.01.2016 will therefore
no longer survive. Appeal is disposed of accordingly.

8. In view of disposal of appeal, civil application would not
survive and is disposed of. R P may be sent back to the Trial
Court.

(AKIL KURESHI, J.)

(BIREN VAISHNAV, J.)
Jyoti

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