Case Note & Summary
The appellant-husband, Deepak Surendrakumar Sharma, filed a divorce petition against his wife, Nisha Deepak Sharma, in the Family Court, Ahmedabad, on grounds of cruelty and desertion. The marriage took place in 2006, and a son was born in 2008. Due to serious differences, the wife started living at her parents' house since 2010, and the parties have been living separately since then. The Family Court dismissed the petition (Family Suit No. 1368 of 2017) vide judgment dated 13.03.2024, on the ground that the husband intentionally did not serve notice to the wife and filed the petition through power of attorney, and also made observations about suppression. Aggrieved, the husband filed the present appeal. During the pendency of the appeal, the parties entered into a settlement. The husband filed an affidavit dated 23.06.2025 agreeing to pay Rs.17,50,000 to the wife as full and final settlement, and the wife agreed to withdraw all pending cases. The wife filed a similar affidavit on 24.06.2025. Subsequently, the wife filed a clarification affidavit on 17.01.2026 detailing the proceedings to be withdrawn, including a complaint under Section 498A IPC decided by the Rajasthan High Court. The High Court, after hearing the parties and perusing the affidavits, found that the settlement was voluntary and in the interest of both parties. The court noted that the parties had been living separately for over 15 years and that there was no possibility of reconciliation. The court allowed the appeal, set aside the impugned judgment, and granted a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The court also directed that the amount of Rs.17,50,000 be paid by the husband to the wife within a specified period, and that all pending proceedings be withdrawn. The court further directed that the civil application for orders be disposed of accordingly.
Headnote
A) Family Law - Divorce by Mutual Consent - Settlement During Appeal - The appellant-husband filed a divorce petition on grounds of cruelty and desertion, which was dismissed by the Family Court for non-service of notice and suppression. During the appeal, the parties settled the matter, with the husband agreeing to pay Rs.17,50,000 as full and final settlement and the wife agreeing to withdraw all pending cases. The High Court, considering the settlement and the fact that the parties had been living separately since 2010, allowed the appeal, set aside the impugned judgment, and granted divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. (Paras 1-6)
Issue of Consideration
Whether the appeal against the Family Court's order dismissing the divorce petition should be allowed in light of the settlement arrived at between the parties during the pendency of the appeal.
Final Decision
The appeal is allowed. The impugned judgment dated 13.03.2024 passed by the Family Court, Ahmedabad in Family Suit No. 1368 of 2017 is set aside. The marriage between the appellant and respondent is dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The appellant shall pay Rs.17,50,000 to the respondent as full and final settlement. All pending proceedings shall be withdrawn. Civil Application for Orders stands disposed of.
Law Points
- Divorce by mutual consent
- settlement during appeal
- withdrawal of proceedings
- full and final settlement
