Case Note & Summary
The appellant-husband filed a divorce petition under Section 13(1)(iA) and (iB) of the Hindu Marriage Act, 1955, on grounds of cruelty and desertion. The Family Court, Surat, dismissed the suit vide judgment and decree dated 31.08.2013. The husband appealed to the High Court. During the pendency of the appeal, the parties explored settlement and were referred to mediation on 19.11.2025. They successfully resolved their differences and executed a Memorandum of Understanding on 09.12.2025, agreeing to dissolve the marriage by mutual consent. Both advocates jointly requested the court to dispose of the appeal in terms of the settlement. The court, noting that the marriage had irretrievably broken down and the parties had amicably settled all disputes, allowed the appeal, set aside the trial court's decree, and granted a decree of divorce by mutual consent. The court also directed that the terms of the Memorandum of Understanding would form part of the decree.
Headnote
A) Family Law - Divorce - Mutual Consent - Settlement in Appeal - The parties, husband and wife, settled their differences during mediation and executed a Memorandum of Understanding dated 09.12.2025 agreeing to dissolve the marriage by mutual consent. The court allowed the appeal and granted a decree of divorce under Section 13(1)(iA) and (iB) of the Hindu Marriage Act, 1955, in terms of the settlement, holding that the marriage had irretrievably broken down and the parties had amicably resolved all disputes. (Paras 1-6)
Issue of Consideration
Whether the appeal against dismissal of divorce petition can be disposed of in terms of settlement reached between parties during mediation.
Final Decision
Appeal allowed. Judgment and decree dated 31.08.2013 passed by Family Court, Surat in Family Suit No. 272 of 2009 is set aside. Decree of divorce by mutual consent is granted under Section 13(1)(iA) and (iB) of Hindu Marriage Act, 1955. Terms of Memorandum of Understanding dated 09.12.2025 shall form part of the decree.
Law Points
- Divorce by mutual consent
- Settlement in pending appeal
- Mediation
- Hindu Marriage Act 1955 Section 13(1)(iA) and (iB)
Case Details
2026 LawText (GUJ) (01) 430
R/First Appeal No. 3660 of 2013
Sangeeta K. Vishen, Nisha M. Thakore
AR Patel, Jitendra G Sheth, Rutvij S Oza
Laxmanbhai Mohanbhai Parmar
Niruben Laxmanbhai Parmar
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Nature of Litigation
First appeal against dismissal of divorce petition by Family Court.
Remedy Sought
Appellant-husband sought decree of divorce on grounds of cruelty and desertion.
Filing Reason
Appellant-husband filed divorce petition under Section 13(1)(iA) and (iB) of Hindu Marriage Act, 1955.
Previous Decisions
Family Court, Surat dismissed Family Suit No. 272 of 2009 on 31.08.2013.
Issues
Whether the appeal can be disposed of in terms of settlement reached during mediation.
Submissions/Arguments
Both advocates jointly submitted that issues are amicably settled and requested disposal in terms of Memorandum of Understanding dated 09.12.2025.
Ratio Decidendi
When parties to a matrimonial dispute amicably settle their differences during pendency of appeal and agree to dissolve marriage by mutual consent, the court may allow the appeal and grant divorce in terms of the settlement, treating the marriage as irretrievably broken down.
Judgment Excerpts
The captioned appeal is directed against the judgment and decree dated 31.08.2013 passed by the Family Court, Surat in Family Suit No. 272 of 2009.
Mr.AR Patel, learned Advocate for the appellant-husband and Mr.Rutviz Oza, learned advocate appearing for the respondent-wife have jointly stated before this court that the issues are amicably settled between the parties and hence, request is made to dispose of the captioned appeal in terms of the Memorandum of Understanding executed between the parties dated 09.12.2025.
Procedural History
Husband filed divorce petition (Family Suit No. 272/2009) in Family Court, Surat under Section 13(1)(iA) and (iB) of Hindu Marriage Act, 1955. Family Court dismissed suit on 31.08.2013. Husband filed First Appeal No. 3660/2013 in Gujarat High Court. During pendency, matter referred to mediation on 19.11.2025. Parties settled and executed Memorandum of Understanding on 09.12.2025. Appeal disposed of on 29.01.2026.
Acts & Sections
- Hindu Marriage Act, 1955: 13(1)(iA), 13(1)(iB)
