Quashed

Aniket Chhotubhai Patel v. Zanknaben D/O Arvindbhai Durlabhbhai Patel

Gujarat HC18 Jul 2018FA/260/2018

Case brief

AI extract

What is this about?

In a first appeal against the rejection of a petition for divorce under the Hindu Marriage Act, the High Court of Gujarat quashed, set aside, and modified the impugned judgment based on an amicable settlement arrived at between the parties during the pendency of the appeal. A connected civil application was also disposed of.

What did the court decide?

Quashed and set aside the impugned judgment and order; directed the Registry to draw a decree in terms of the registered settlement deed.

Aniket Chhotubhai Patel Vs Zanknaben D/O Arvindbhai… — Matrimonial and Divorce | Gujarat HC (2018)

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C/FA/260/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/FIRST APPEAL NO. 260 of 2018

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With

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CIVIL APPLICATION NO. 1 of 2018

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ANIKET CHHOTUBHAI PATEL

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Versus

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ZANKNABEN D/O ARVINDBHAI DURLABHBHAI PATEL

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Appearance:

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HL PATEL ADVOCATES(2034) for the PETITIONER(s) No. 1 MS TEJAL A VASHI(2704) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

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Date : 18/07/2018

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ORAL ORDER

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This first appeal under section 96 of the Civil Procedure Code is at the instance of the original plaintiff/ husband and is directed against the judgment and order dated 29.04.2017 passed by the Principal Senior Civil Judge, Vapi in HMP No. 79/2015.

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It appears from the materials on record that the appellant herein preferred an application under Section 13(iii) of the Hindu Marriage Act for dissolution of the marriage. The husband prayed for a decree of divorce. The Hindu Marriage Petition came to be rejected vide an impugned judgment and order.

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Page 1 of 3

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C/FA/260/2018 ORDER

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Being dissatisfied, the husband has come up before this Court with the present first appeal.

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Ms. Tejal Vashi, the learned counsel has appeared on behalf of the respondent/wife – original defendant. It is brought to my notice by the learned counsel appearing for the respective parties that during the pendency of this first appeal, an amicable settlement has been arrived at between the parties. The settlement has been reduced into writing duly signed by the parties and registered in the office of the subregistry. A true copy of the registered deed of settlement is produced before this Court. The same is ordered to be taken on record.

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Both the learned counsel pray that the judgment and order passed by the Court below be quashed and set aside and the decree be modified in terms of the settlement which has been placed on record today.

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In such circumstances referred to above, the impugned judgment and order passed by the Principal Senior Civil Judge, Vapi dated 29.04.2017 in HMP No. 79/2015 is hereby quashed and set aside. The Registry shall draw a decree in terms of the

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Page 2 of 3

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C/FA/260/2018 ORDER

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settlement which has been placed on record. This first appeal

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is accordingly disposed of. Direct service is permitted.

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As the first appeal is being disposed of, the connected civil application will not survive and the same is also disposed of.

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(J.B.PARDIWALA, J)

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MAYA

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Page 3 of 3

Aniket Chhotubhai Patel v. Zanknaben D/O Arvindbhai Durlabhbhai Patel

Case brief

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Aniket Chhotubhai Patel v. Zanknaben D/O Arvindbhai Durlabhbhai Patel

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