The main legal point established in the judgment is the significance of amicable settlements in cases of irretrievable breakdown of marriage relationships, as provided under Section 13(b) of the Hindu Marriage Act, 1955.

ORDER :

1. By way of present Appeal, the appellant-wife has challenged the impugned judgment and ex-parte decree dated 10.12.2021 passed in Family Suit No. 780 of 2018 by the learned Judge, Family Court, Ahmedabad and whereby the learned Judge has allowed the suit and ordered to dissolve the marriage solemnized between the original petitioner-husband and original respondent-wife.

2. The brief facts giving rise to present appeal are that the marriage between present appellant-wife and respondent-husband was solemnized on 03.11.2007 as per Hindu rites and rituals. Thereafter, the appellant and respondent were staying together as husband and wife in USA and India and after some time, matrimonial dispute arose between the appellant and the respondent and, therefore, some time quarrel took place between them.

2.1 In view of aforesaid facts, the respondent-husband had filed Family Suit No. 780 of 2018 for decree of divorce against the appellant-wife under Section 13(1) of the Hindu Marriage Act, 1955 (herein after referred to as the “Act”). The Family Court vide order dated 10.12.2021 allowed the said Family Suit and ordered that marriage solemnized between the husband and wife dissolved on the grounds of cruelty and desertion with effect from the date of decree under Section 13(1)(i-a) of the Act.

2.2 Being aggrieved and dissatisfied with the said judgment and decree dated 10.12.2021 passed in Family Suit No. 780 of 20148 by learned Judge, Family Court, Ahmedabad, the wife has filed present appeal.

3. On 02.01.2024 this Court has passed the following order:

“When the matter is taken up for hearing, both the learned advocates have jointly submitted that grievance between both the appellant and defendant is resolved outside the Court and consent terms are deducted in writing in the form of memo of understanding affirmed by both the parties on 02.01.2024 and has submitted that in view of this consent terms, the present First Appeal may be disposed of. Learned advocates have kept the appellant as well as the defendant present, have identified and thereby requested to pass suitable order in the interest of said consent terms in the form of memorandum of understanding. Hence, re-list this matter on 08.01.2024.”

4. On 08.01.2024, this Court has also passed the following order:

“When the matter is taken up for hearing, learned advocates have jointly submitted that the matter is resolved between the parties and in lieu of such, Demand Draft of Rs. 36,00,000/- (Rupees Thirty Six Lakh Only) is requested to be deposited in the Registry.

Accordingly, the respondent is permitted to submit the Demand Draft in the Registry till further orders being passed in the present proceedings. Registry is directed to keep intact the Demand Draft till the next date of hearing.

Re-list the matter on 11.01.2024.”

5. Heard learned advocate Ms. Amrita Patel for the appellant-wife and learned advocate Mr. Jay Shah for the respondent-husband.

6. It appears from the record that present Appeal is filed by the respondent - wife of Family Suit No. 780 of 2018. The said suit was instituted at the behest of the husband under the provisions of the Hindu Marriage Act. The said suit came to be allowed by the Family Court, Ahmedabad vide judgment and decree dated 10.12.2021 and declared the marriage solemnized between the present appellant and the respondent on 03.11.2007 as annul from the date of 10.12.2021 i.e. from the date of judgment and decree. The appellant-wife has challenged the said order mainly on the ground that the wife was not served the notice/summons in the suit and decree of annulment of the marriage solemnized between the husband and wife on 03.11.2007 under Section 13(1) of the Act was passed without hearing the wife.

7. The appellant has also contended in the present appeal that the Court below has not considered the fact that there is no material produced by the wife to the suit to prove the allegation of cruelty and desertion and therefore the decree passed by Court