Case Note & Summary
The appellant, Unnati D/o Gunvantrai Makwana, filed a First Appeal under Section 19 of the Family Courts Act, 1984, challenging the judgment dated 20.11.2024 passed by the Family Court, Ahmedabad in Family Suit No. 2726 of 2021, which dissolved the marriage between the parties solemnized on 21.06.2018. During the pendency of the appeal, the parties amicably settled all disputes and reduced the consent terms in writing. The appellant, personally present before the court and identified by her advocate, confirmed her consent to withdraw the appeal and waive her challenge to the divorce decree as well as all present and future rights. The respondent, also present, agreed to the terms. The court noted that an amount of Rs.8,00,000/- with interest deposited with the Family Court would be withdrawn by the appellant, and a demand draft of Rs.1,00,000/- would be handed over after withdrawal of Criminal Misc. Application No. 3268 of 2022 under the Protection of Women from Domestic Violence Act, 2005 and Recovery Proceedings No. 1832 of 2025. The court permitted the withdrawal of the appeal, dismissed it as withdrawn, and disposed of the connected civil application.
Headnote
A) Family Law - Divorce - Consent Terms - Withdrawal of Appeal - Parties amicably settled disputes and filed consent terms - Appellant confirmed consent to withdraw appeal and waive challenge to divorce decree and all rights - Court permitted withdrawal of appeal and disposed of connected civil application - Held that consent terms are taken on record and appeal is dismissed as withdrawn (Paras 1-6).
Issue of Consideration
Whether the appeal against the divorce decree should be allowed to be withdrawn in light of the amicable settlement between the parties.
Final Decision
The appeal is permitted to be withdrawn and is dismissed as withdrawn. The connected Civil Application also stands disposed of. Consent terms are taken on record.
Law Points
- Consent terms
- Withdrawal of appeal
- Amicable settlement
- Divorce decree
- Waiver of rights
Case Details
2026 LawText (GUJ) (02) 1116
R/First Appeal No. 282 of 2025 with Civil Application (For Stay) No. 1 of 2025
Honourable Ms. Justice Sangeeta K. Vishen, Honourable Ms. Justice Nisha M. Thakore
Pranav D Thakkar, Vijaykumar B Limbachiya for Appellant; Mrs Kalpana K Raval, Ms Dilbur Contractor for Respondent
Unnati D/o Gunvantrai Makwana and W/o Bhavinbhai Dipakbhai Parikh
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Nature of Litigation
First Appeal against judgment of Family Court dissolving marriage
Remedy Sought
Appellant sought to challenge the divorce decree; later sought withdrawal of appeal
Filing Reason
Appeal against divorce decree dated 20.11.2024 passed by Family Court, Ahmedabad in Family Suit No. 2726 of 2021
Previous Decisions
Family Court, Ahmedabad allowed the divorce suit and dissolved the marriage on 20.11.2024
Issues
Whether the appeal should be allowed to be withdrawn in view of the consent terms?
Submissions/Arguments
Appellant confirmed consent to withdraw appeal and waive challenge to divorce decree and all rights
Respondent agreed to the consent terms
Ratio Decidendi
When parties amicably settle disputes and file consent terms, the court may permit withdrawal of the appeal and dispose of the matter in terms of the settlement.
Judgment Excerpts
The captioned appeal is directed against the judgment dated 20.11.2024 passed by the Family Court, Ahmedabad in Family Suit No. 2726 of 2021 filed by the respondent-husband seeking divorce which came to be allowed and the marriage solemnized on 21.06.2018 between the parties was dissolved.
During the pendency of the appeal, the parties have amicably settled all the disputes and Consent terms have been reduced in writing.
Procedural History
The Family Court, Ahmedabad passed a divorce decree on 20.11.2024 in Family Suit No. 2726 of 2021. The appellant filed First Appeal No. 282 of 2025 challenging the decree. During the pendency of the appeal, the parties settled amicably and filed consent terms. The court permitted withdrawal of the appeal on 06.02.2026.
Acts & Sections
- Family Courts Act, 1984: Section 19
- Protection of Women from Domestic Violence Act, 2005:
