IMPORTANT POINT
The main legal point established in the judgment is the court's authority to convert a petition under Section 13(i)(i-a) of the Hindu Marriage Act to a joint petition for divorce by mutual consent under Section 13B, based on the parties' final amicable settlement.

JUDGMENT :

NISHA M. THAKORE, J.

1. This appeal under section 19 of the Family Courts Act arises out of the judgment and order dated 07.02.2020 passed by the learned Judge, Family Court, Godhra in Family Suit No.19 of 2016 rejecting the petition filed by the present appellant- husband under Section 13(i)(i-a) of the Hindu Marriage Act, 1955.

2. The brief facts as pleaded by the original applicant - husband before the Family Court are in nutshell reproduced herein under.

2.1. The marriage between the appellant and the respondent was solemnized on 08.12.2001 as per the Hindu rites and rituals in presence of their relatives. Since then they became the husband and wife and were initially living happily together. One daughter viz. Hemanya was born out of the said wedlock on 4.11.2004. It is further stated that the respondent- wife was working as data entry operator at Civil Hospital, Godhra where she came in contact with a co-employee with whom she developed a relationship. Later on the respondent having realized about her mistake and though the original petitioner being aware about such fact, had mutually compromised taking into consideration the future of their daughter. It is further stated that in 2015 the respondent once again had an affair with one person. With such facts, the original petitioner husband had alleged cruelty.

2.2. It is further contended that on 19.1.2016 the petitioner had left his house and had started living with his cousin. It was further alleged that the respondent had harassed the husband by threatening him to file a case against him and his family members and had also threatened to commit suicide. The reference was also made about filing of civil suit by the mother of the original petitioner. The efforts were made by the family members for reconciliation, however, the respondent wife had continued to treat the petitioner with cruelty and it was not possible for them to live as husband and wife. By raising aforesaid contentions, the Family Suit was registered on 18.04.2016 with the Court of learned Judge, Family Court, Godhra as Family Suit No.19 of 2016.

2.3. The parties have participated in the trial and the evidence was led by the respective parties. The learned Judge upon appreciation of the evidence and the various decisions relied upon, arrived at a conclusion that the petitioner had not proved his case with reliable, cogent and impeachable evidence regarding the mental cruelty administered by his wife, living adulterous or illicit relations with her paramour or any other persons. Thus, the learned Judge has rejected the petition by the impugned. Aggrieved by the said order of the learned Judge, Family Court, the original petitioner – appellant husband herein has approached this Court by filing present appeal under Section 19 of the Family Court Act read with Section 28 of the Hindu Marriage Act.

3. Noticing the grounds raised in the appeal, this Court by order dated 7.6.2021 upon hearing the learned advocate for the appellant- husband had admitted the appeal. The notice of admission of appeal has been duly served upon the respondent wife, who is represented by the learned counsel.

4. The matter was notified for final hearing on 24.04.2024. The matter was jointly mentioned by the learned advocate Mr. Chirag Prajapati for the appellant and Mr. M.B.Rana, learned advocate for the respondent. It was jointly submitted by the learned advocates that parties are present in person and had reported that pending this appeal, the parties have arrived at a final amicable settlement, whereby, they have mutually agreed not to continue their marriage life ahead. In such circumstances, the respondent wife has expressed her no objection to grant the prayers urged in the present appeal by quashing and setting aside the impugned judgment and order dated 07.02.2020 passed by the learned Judge, Family Court refusing the petition for dissolution of marriage on the ground of cruelty. Mr. Rana, learned advocate for the respondent w