JUDGMENT : NISHA M. THAKORE, J. 1. This appeal under section 19 of the Family Courts Act arises out of the judgment and order dated 07.02.2020 passed by the learned Judge, Family Court, Godhra in Family Suit No.19 of 2016 rejecting the petition filed by the present appellant- husband under Section 13(i)(i-a) of the Hindu Marriage Act, 1955. 2. The brief facts as pleaded by the original applicant - husband before the Family Court are in nutshell reproduced herein under. 2.1. The marriage between the appellant and the respondent was solemnized on 08.12.2001 as per the Hindu rites and rituals in presence of their relatives. Since then they became the husband and wife and were initially living happily together. One daughter viz. Hemanya was born out of the said wedlock on 4.11.2004. It is further stated that the respondent- wife was working as data entry operator at Civil Hospital, Godhra where she came in contact with a co-employee with whom she developed a relationship. Later on the respondent having realized about her mistake and though the original petitioner being aware about such fact, had mutually compromised taking into consideration the future of their daughter. It is further stated that in 2015 the respondent once again had an affair with one person. With such facts, the original petitioner husband had alleged cruelty. 2.2. It is further contended that on 19.1.2016 the petitioner had left his house and had started living with his cousin. It was further alleged that the respondent had harassed the husband by threatening him to file a case against him and his family members and had also threatened to commit suicide. The reference was also made about filing of civil suit by the mother of the original petitioner. The efforts were made by the family members for reconciliation, however, the respondent wife had continued to treat the petitioner with cruelty and it was not possible for them to live as husband and wife. By raising aforesaid contentions, the Family Suit was registered on 18.04.2016 with the Court of learned Judge, Family Court, Godhra as Family Suit No.19 of 2016. 2.3. The parties have participated in the trial and the evidence was led by the respective parties. By raising aforesaid contentions, the Family Suit was registered on 18.04.2016 with the Court of learned Judge, Family Court, Godhra as Family Suit No.19 of 2016. 2.3. The parties have participated in the trial and the evidence was led by the respective parties. The learned Judge upon appreciation of the evidence and the various decisions relied upon, arrived at a conclusion that the petitioner had not proved his case with reliable, cogent and impeachable evidence regarding the mental cruelty administered by his wife, living adulterous or illicit relations with her paramour or any other persons. Thus, the learned Judge has rejected the petition by the impugned. Aggrieved by the said order of the learned Judge, Family Court, the original petitioner – appellant husband herein has approached this Court by filing present appeal under Section 19 of the Family Court Act read with Section 28 of the Hindu Marriage Act. 3. Noticing the grounds raised in the appeal, this Court by order dated 7.6.2021 upon hearing the learned advocate for the appellant- husband had admitted the appeal. The notice of admission of appeal has been duly served upon the respondent wife, who is represented by the learned counsel. 4. The matter was notified for final hearing on 24.04.2024. The matter was jointly mentioned by the learned advocate Mr. Chirag Prajapati for the appellant and Mr. M.B.Rana, learned advocate for the respondent. It was jointly submitted by the learned advocates that parties are present in person and had reported that pending this appeal, the parties have arrived at a final amicable settlement, whereby, they have mutually agreed not to continue their marriage life ahead. In such circumstances, the respondent wife has expressed her no objection to grant the prayers urged in the present appeal by quashing and setting aside the impugned judgment and order dated 07.02.2020 passed by the learned Judge, Family Court refusing the petition for dissolution of marriage on the ground of cruelty. Mr. Rana, learned advocate for the respondent wife has sought permission to place on record the affidavit filed by the respondent wife in this regard. The same is permitted to be taken on record. 5. Mr. Rana, learned advocate for the respondent wife has sought permission to place on record the affidavit filed by the respondent wife in this regard. The same is permitted to be taken on record. 5. Having heard the learned counsel for the respective parties and having inquired from the respective parties who are present in the Court, we could notice that the respective parties have voluntarily entered into the final amicable settlement who have expressed before us to pass appropriate order allowing the appeal as they did not intend to pursue their marriage life ahead. In support of their submissions, learned advocates have jointly placed reliance upon the order dated 14.02.2024 passed by the Coordinate Bench in First Appeal No.2099 of 2018. It was submitted in a similar set of that facts where the original proceedings under Section 13(i-a) of the Hindu Marriage Act was not entertained and the appeal was preferred before this Court, whereby, pending the appeal, the parties had entered settlement and had agreed for mutual consent for divorce. Considering the order of the Coordinate Bench in the case of Jigneshbhai Vinodbhai Patel vs. Neelamben Jigneshbhai Patel in First Appeal No.2854 of 2017 dated 01.09.2017, this Court had permitted the original petition to be converted into petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act and had further directed the learned Judge, Family Court to expeditiously decide the petition for divorce by mutual consent. Appropriate would be to reproduce the relevant paragraph of the affidavit dated 25.4.2024 filed by the respondent no.1 wife, which reads as under: “1. I Minal W/o Milin Vinodbhai Gandhi, original opponent in the First Appeal No.1282 of 2020 and that I am well conversant with the facts of the case and I have gone through the entire contents of the present appeal, I am competent to file the present affidavit. 2. That Milin Vindobhai Gandhi, appellant herein had filed, family suit under Section 13 A of the Hindu Marriage Act, 1955 before the Family Court, Godhra by way of HMP No.19 of 2016 whereas, said suit rejected by the learned Court on 7.2.2020. 3. 2. That Milin Vindobhai Gandhi, appellant herein had filed, family suit under Section 13 A of the Hindu Marriage Act, 1955 before the Family Court, Godhra by way of HMP No.19 of 2016 whereas, said suit rejected by the learned Court on 7.2.2020. 3. That being aggrieved by the said judgment dated 7.2.2020 passed by the learned Judge, Family Court, Godhra, the Milin Vinodbhai Gandhi, appellant herein is constrained to approach this Honourable Court by way of filing this First appeal No.1282 of 2021 wherein, this Hon’ble Court admit this appeal on 7.6.2021. 4. That, meanwhile during the pendency of this appeal full and final amicable settlement has taken place between Me (herein opponent) and the Milin Vinodbhai Gandhi, appellant herein and we both (appellant- opponent) do not want to prosecute our marriage life ahead. 5. That therefore the deponent Minal W/o Milin Vinodbhai Gandhi (herein opponent) have no objection if the prayer (made in Para No.7 in the First Appeal No.1282 of 2021) will be allowed by way of quashing and set aside the judgment and order dated 7.2.2020 passed by the Family Court, Godhra in HMP (Family Suit) No.19 of 2016 in the interest of justice. 6. That the contents of the appeal have been read over and explained to me in detailed and I say that the contents of the application absolutely true and is supported the same. 7. That I gives a free consent to quashment of the aforesaid Judgment dated 7.2.2020 passed by the Family Court, Godhra in HMP (Family Suit) No.19 of 2016 and I have also no objection if the prayer made (para No.7) in the present appeal no.1282 of 2021 may be granted by this Hon’ble Court.” 5.1. The agreement for settlement dated 25.4.2024 acknowledged the amicable settlement arrived between opponent-husband and respondent wife, executed in presence of witnesses is reproduced and reads as under: “1. The parties got married on 8.12.2001 at Devgadh bariya, Dahod, in the presence of their family members, relatives, friends and acquaintances as per Hindu rites and rituals. It is stated that after marriage both the parties voluntarily spent their marital life in Godhara. The parties got married on 8.12.2001 at Devgadh bariya, Dahod, in the presence of their family members, relatives, friends and acquaintances as per Hindu rites and rituals. It is stated that after marriage both the parties voluntarily spent their marital life in Godhara. As on date also both of the parties are residing the address as stated in the cause title of the affidavit but after that lot of issues cropped up between them and the parties to the affidavit have separated since January, 2016 and since then onwards they are not residing as husband and wife. 2. That, due to marriage life between the parties herein one daughter namely Hemanya was born on 4.11.2004 and presently she is aged about 19 years. 3. That after the birth of the children some disputes began to crop up between the parties in their married life and they had numerous differences of opinions and could not get along well with each other because of the numerous disputes in common spheres of life. Initially the same appeared to be trivial disputes. However, gradually such disputes kept on growing larger and larger which made the life of both the parties miserable and the parties realised (realized) that there was total incompatibility between two of them. The parties tried their level best to understand each other and to resolve the disputes that cropped up between the two over and over again. However, by passage of time such disputes could not be reconciled and the rift between the two went on increasing day by day and resultantly had become impossible for the parties to reside together and enjoy their married life peacefully and happily. Under the circumstances the parties got separated and have been living separate from each other since January, 2016 and thereafter have never lived together with each other as husband and wife. The parties submit that at present the parties are living at their respective addresses as mentioned in the cause title of this petition. 4. The parties submit that during the period for which they lived together, they made all sincere efforts to see to it that they have a smooth and happy married life. However, such efforts did not yield any positive results. Not only that, the parents of the parties, close friends and relatives also tried to intervene and made efforts to resolve the disputes prevailing between the -parties. However, such efforts did not yield any positive results. Not only that, the parents of the parties, close friends and relatives also tried to intervene and made efforts to resolve the disputes prevailing between the -parties. However, such efforts made by all of them also did not materialize. Under those circumstances, the parties have finally decided to part and dissolve their marriage by mutual consent so that both the parties can peacefully live their life separately from each other, as it is impossible for the parties to live together anymore. The parties have therefore decided to present this affidavit for dissolution of their marriage by mutual consent. 5. The parties agree that this is an amicable settlement due to incompatibility issues and there is no past or present issue related to any sort of mutual harassment or any other illegal issues between the parties and there has been no case of any mental or physical torture or harassment against each other and each other's families, and the parties would not be at a liberty to claim so in the future. 6. Both the parties agree and declare that they have all their belongings in their own possession, jewellery, clothes, valuables etc. and both of them have no claim against each other and shall not claim in future also. 7. The parties declare that they have one child out of their marriage life namely Hemanya. It is also submitted that paternity of the children are not under dispute. party no. 2 declares that at present she is not pregnant from her marriage with party no. 1. 8. Through this affidavit, an amicable settlement has arrived between the above-mentioned parties on certain conditions. The following conditions are as follows: CONDITIONS A. The First Appeal No. 1282 of 2021, preferred by the Husband-Party No. 1 herein, before this Hon'ble Court, challenging the order of the Family Court, wherein the divorce application was rejected. However, as now the settlement between the parties has arrived, neither of the parties wish to stay together, and they are ready to give their consent for divorce so appropriate orders can be passed. Upon this condition the divorce will be finalized. B. The Special Suit No. 07 of 2016, preferred by mother-in law of the wife herein- party No. 2 for the share of the property from the Party No. 1 property. Upon this condition the divorce will be finalized. B. The Special Suit No. 07 of 2016, preferred by mother-in law of the wife herein- party No. 2 for the share of the property from the Party No. 1 property. However, as the settlement has arrived between the parties, the Wife - Party No. 2 will not claim her share, right or title from any properties related to Husband - Party No. 1 herein or his family members. Furthermore, the Special Suit No. 07 of 2016 pending before Learned Civil Court, Godhra will be disposed of on the grounds of the settlement between the parties. C. It is further stated that, as agreed upon by and between parties, custody of the child will remain with party no. 2 forever and in future party no. 1 shall not raise any objection for the purpose in any manner what so ever. However, petitioner no.1 shall enjoy visitation right. D. That the party no. 2 hereby waive her right for maintenance against party no. 1 subject to condition that, the Party No. 1- Husband will pay the amount of Rs. 35,51,000/- as permanent alimony to the Party- No. 2 - Wife for. the betterment of the future of wife and the daughter (Hemanya) of both parties. Furthermore, after receiving Rs. 35,51,000/-from the husband of Party No. 1 in this case, the Wife - Party No. 2 shall not be entitled to any further payments from the husband - Party No.1 for alimony, maintenance, welfare or under any head. Sr. No. Amount (Rs.) D.D. No. Date (amount to be paid) 1. 9,99,999/- 18502 25.4.2024 2. 9,99,999/- 18262 25.4.2024 3 9,99,999/- 18504 25.4.2024 4 5,51,003/- 18503 Amount will be given after completion of Special Civil Suit No. 07 of 2016 30.04.2024. E. The aforesaid mentioned Para No.A to C conditions upon fulfillment of the conditions and simultaneously the Party No.1 will pay the amount (permanent alimony) to the Party No.2 herein as stated in condition No.D. In case of failure of any permanent alimony amount mentioned in clause D, all agreements of this document shall stand void. The aforesaid conditions are based on the settlement arrived between the parties herein.” 6. Considering the submissions made by the learned advocates for the parties and having perused the impugned order as well as affidavit filed by the respondent wife, we could gather the intention of the respective parties. The aforesaid conditions are based on the settlement arrived between the parties herein.” 6. Considering the submissions made by the learned advocates for the parties and having perused the impugned order as well as affidavit filed by the respondent wife, we could gather the intention of the respective parties. Unfortunately the marriage life of the parties to the litigation has reached the stage where both of them have expressed their wish not to continue their marriage life ahead. Indisputably, the parties have been residing separately since 2016 and since then have not cohabited with each other and the intention expressed before us also reveals that they would not be able to live together under one roof. The parties have agreed to move ahead in their respective life and have mutually agreed to part their ways honorarily. Along with the affidavit filed by the respondent wife, the agreement for settlement executed between them on 1.3.2024 before the Notary has also been placed on record. The parties have acknowledged the aforesaid fact of execution of the agreement for settlement dated 1.3.2024. 7. Considering the aforesaid factors, we are inclined to accept the prayer made by the learned advocates for the respective parties as well as the parties to litigation to convert the original petition moved by the appellant-husband under Section 13(i)(i-a) of the Hindu Marriage Act to be a joint petition filed under Section 13B of the Hindu Marriage Act. 8. For the foregoing reasons, we allow the First Appeal by quashing and setting aside the judgment and order dated 07.02.2020 passed by the learned Judge, Family Court, Godhra in Family Suit No.19 of 2016 with a further direction to convert the aforesaid petition under Section 13-B of the Hindu Marriage Act by incorporating the terms and conditions of the agreement of settlement as part of the said petition. The Family Court shall convert the aforesaid petition filed under Section 13(i)(i-a) of the Hindu Marriage Act by the appellant, as a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act. On such conversion, the Family Court shall treat the aforesaid petition as one being filed under Section 13B of the Hindu Marriage Act. It is further directed that the parties shall appear before the Family Court, Godhra in the said proceedings and cooperate for recording their mutual consent for dissolving their marriage. On such conversion, the Family Court shall treat the aforesaid petition as one being filed under Section 13B of the Hindu Marriage Act. It is further directed that the parties shall appear before the Family Court, Godhra in the said proceedings and cooperate for recording their mutual consent for dissolving their marriage. The Court after hearing the respective parties and after making such inquiry as it thinks fit , that a marriage has been solemnized and that the averments in the petition are true, may pass a decree of divorce declaring marriage to be dissolved with effect from the date of decree. The parties are expected to adhere to the terms and conditions of the settlement as agreed upon. The learned Judge, Family Court, Godhra is requested to expeditiously dispose of the proceedings preferably within a period of two weeks from the date of recording of their mutual consent. 9. With such observations, present First Appeal stands disposed of.