Jigneshbhai Vinodbhai Patel v. Neelamben Jigneshbhai Patel
2017-09-01
AKIL KURESHI, BIREN VAISHNAV
body2017
DigiLaw.ai
JUDGMENT : AKIL KURESHI, J. This First Appeal is filed by the husband. The respondent wife had filed a petition for dissolution of marriage before the Family Court, Ahmedabad on the ground of cruelty and ill-treatment by the husband. The Family Court by judgment dated 5.1.2015 allowed the petition and dissolved the marriage on the ground of cruelty. 2. After these developments, it appears that in the proceedings for custody of the minor son of the couple, the parties arrived at a settlement which was noticed by the Division Bench of this Court in its judgment dated 29.7.2015 in First Appeal No. 1154/2015. The Division Bench took note of the agreement executed by the parties and disposed of the appeal in terms of such agreement. One of the terms of the agreement was that the parties would file appeal against the judgment of the Family Court dissolving the marriage on the ground of cruelty and request the Court to convert the same into a decree of dissolution of marriage by mutual consent. 3. Pursuant to these developments, the husband filed the present appeal in which we had previously condoned the delay. Advocates from both the sides were present before us. Previously also we were informed that the advocates had made all attempts to conciliate between the parties and having failed in the attempt brought about the resolution which was recorded in writing by way of consent terms dated 29.7.2015 4. Record would suggest that the appellant and respondent had got married on 2.5.1999 according to Hindu rights. Out of such wedlock, one son Aryan was born on 14.4.2002 Later on due to disputes parties separated which led the wife to file a divorce petition before the Family Court, Ahmedabad. 5. The consent terms dated 29.7.2015 was entered into between the parties bringing an end to all disputes arising out of their matrimonial relations. The part of the consent terms was given effect to by the Court on 29.7.2015, a formal portion of converting the divorce decree into one by mutual consent remained. To give legal shape to the same, present appeal has been filed. 6. Under the circumstances, the First Appeal is allowed.
The part of the consent terms was given effect to by the Court on 29.7.2015, a formal portion of converting the divorce decree into one by mutual consent remained. To give legal shape to the same, present appeal has been filed. 6. Under the circumstances, the First Appeal is allowed. The judgment of the Family Court dated 5.1.2015 is modified by providing that there shall be dissolution of marriage between the appellant and the respondent by mutual consent from the original date of the judgment of the Family Court. We provide this special date since we are informed that since husband had not challenged the judgment for a considerable period of time after the period of limitation for filing the appeal against the judgment of Family Court had expired, wife has remarried. 7. First Appeal along with Civil Application stands disposed of accordingly.