Case Note & Summary
The appellant-wife, Sona Newandram Sharma, filed a First Appeal under Section 19 of the Family Courts Act, 1984, challenging the judgment and order dated 17.09.2024 passed by the learned Judge, Family Court No.5, Ahmedabad in Family Suit No.2197 of 2024, whereby divorce was granted by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The parties had jointly applied for divorce and agreed that the respondent-husband would pay Rs.5 lac towards maintenance/permanent alimony. A cheque was issued but was not honoured. During the pendency of the appeal, the respondent paid the entire amount. The appellant's counsel argued that the conduct of the respondent was untrustworthy as he did not adhere to the terms agreed. The respondent's counsel submitted that all terms were satisfied except the cheque issue, which was resolved by payment during the appeal. The court considered the submissions and found that since the full payment had been made, no ground survived to challenge the decree. The appeal was dismissed as having become infructuous. No order as to costs.
Headnote
A) Family Law - Mutual Consent Divorce - Section 13B Hindu Marriage Act, 1955 - Permanent Alimony - The appellant-wife challenged the divorce decree on the ground that the respondent-husband failed to pay the agreed amount of Rs.5 lac towards maintenance/permanent alimony. During the pendency of the appeal, the husband paid the entire amount. The court held that since the payment has been made, no ground survives to challenge the decree, and the appeal is dismissed as infructuous. (Paras 1-4)
Issue of Consideration
Whether the appeal challenging the mutual consent divorce decree is maintainable when the husband has paid the agreed alimony amount during the pendency of the appeal.
Final Decision
The appeal is dismissed as having become infructuous. No order as to costs.
Law Points
- Mutual consent divorce
- Section 13B Hindu Marriage Act
- 1955
- Payment of permanent alimony
- Conduct of parties
- Dismissal of appeal as infructuous
Case Details
R/First Appeal No. 1076 of 2025
Sangeeta K. Vishen, Nisha M. Thakore
Pankaj K Modi, S A Chhabaria for Appellant; Tarun H Rawat for Respondent
Narendra Hareshbhai Sharma
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Nature of Litigation
First Appeal under Section 19 of the Family Courts Act, 1984 challenging a mutual consent divorce decree.
Remedy Sought
Appellant-wife sought to challenge the divorce decree on the ground of non-payment of agreed alimony.
Filing Reason
The respondent-husband failed to honour the cheque for Rs.5 lac towards maintenance/permanent alimony as per the terms of mutual consent divorce.
Previous Decisions
The Family Court No.5, Ahmedabad granted divorce by mutual consent on 17.09.2024 in Family Suit No.2197 of 2024.
Issues
Whether the appeal challenging the mutual consent divorce decree is maintainable when the husband has paid the agreed alimony amount during the pendency of the appeal.
Submissions/Arguments
Appellant's counsel submitted that the respondent issued a cheque for Rs.5 lac which was not honoured, showing untrustworthy conduct.
Respondent's counsel submitted that all terms were satisfied except the cheque issue, and the amount has now been paid during the appeal.
Ratio Decidendi
Once the agreed amount of permanent alimony is paid during the pendency of the appeal, no ground survives to challenge the mutual consent divorce decree, and the appeal becomes infructuous.
Judgment Excerpts
Captioned appeal is filed challenging the judgment and order dated 17.09.2024 passed by the learned Judge, Family Court no.5, Ahmedabad in Family Suit no.2197 of 2024 whereby, the divorce is allowed by mutual consent under the provisions of section 13B of the Hindu Marriage Act, 1955.
It is further submitted that during the pendency of the captioned appeal, the respondent now has paid the said amount.
In view of the aforesaid, the captioned appeal is dismissed as having become infructuous.
Procedural History
The Family Court No.5, Ahmedabad passed a decree of mutual consent divorce on 17.09.2024 in Family Suit No.2197 of 2024. The appellant-wife filed First Appeal No.1076 of 2025 before the High Court of Gujarat challenging the decree. During the pendency of the appeal, the respondent paid the agreed alimony amount. The High Court dismissed the appeal as infructuous on 25.02.2026.
Acts & Sections
- Hindu Marriage Act, 1955: 13B
- Family Courts Act, 1984: 19
