Gujarat High Court
Stivenkumar Manubhai Parmar vs Ankitaben W/O Stiven Parmar And D/O ... on 19 July, 2021
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Vaibhavi D. Nanavati
C/FA/1748/2020 ORDER DATED: 19/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1748 of 2020
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2021
In R/FIRST APPEAL NO. 1748 of 2020
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STIVENKUMAR MANUBHAI PARMAR
Versus
ANKITABEN W/O STIVEN PARMAR AND D/O RAJESHBHAI MEKWAN
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Appearance:
MS ROMA I FIDELIS(3529) for the Appellant(s) No. 1
MR JOHNSEY P MACWAN(5498) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 19/07/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
1. This first appeal is at the instance of the original plaintiff/ husband and is directed against the judgment and order passed by the Family Court at Nadiad in the Family Suit No.76 of 2019 dated 31.12.2019 by which the Family Court dismissed the Family Suit instituted by the appellant seeking a decree of divorce under the provisions of Section 10 of the Divorce Act, 1869.
2. The parties before this Court are Christians. They are governed by the Divorce Act, 1869. On 22.09.2020, a Coordinate Bench of this Court passed the following order:
"ORDER IN FIRST APPEAL:
Admit. Mr. Johnsey Macwan, learned advocate waives for the respondent.Page 1 of 3 Downloaded on : Sun Jan 16 01:07:23 IST 2022
C/FA/1748/2020 ORDER DATED: 19/07/2021 Registry is directed to call for the R & P so as to reach this Court on or before the next date of hearing.
ORDER IN CIVIL APPLICATION:
Rule returnable on 20.10.2020. Mr. Johnsey Mackwan, learned advocate waives for the respondent.
Having heard the learned advocate for the parties and on perusal of the impugned judgment and reasoning thereof, the applicant has been able to establish prima facie case. If the interim relief is not granted as prayed for, the same may result into irreparable loss to the applicant and as stated at the bar, the parties to this appeal have not remarried till date. In facts of this case therefore, interim relief as prayed for deserves to be granted. Hence, ad interim relief in terms of para 11 B."
3. Thereafter, on 11.06.2021, this Bench passed the following order:
"The appeal has already been admitted and some interim relief has also been granted.
The parties are trying to settle the dispute. We are of the view that it will be in the interest of both the sides to sit together and resolve the controversy once and for all.
The civil application stands disposed of accordingly."
4. Today, when the matter is taken up for further hearing, the learned counsel appearing for the parties have informed that an amicable settlement has taken place between the appellant and the respondent. Such settlement has been reduced into writting, duly signed by the parties and notarized. The settlement has been placed on record by way of a civil application.
5. In view of the aforesaid, we need not now adjudicate the first appeal on its merits. The marriage between the parties stands dissolved in accordance with the terms of agreement reduced into writting, duly signed by the parties and notarized. The parties are directed to abide by the terms and conditions Page 2 of 3 Downloaded on : Sun Jan 16 01:07:23 IST 2022 C/FA/1748/2020 ORDER DATED: 19/07/2021 of the deed of settlement.
6. Registry shall draw the decree of dissolution of marriage in accordance with the terms of the settlement arrived at between the parties.
7. With the aforesaid, the First appeal as well as the civil application stands disposed of.
(J. B. PARDIWALA, J) (VAIBHAVI D. NANAVATI,J) NEHA Page 3 of 3 Downloaded on : Sun Jan 16 01:07:23 IST 2022