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HIGH COURT OF GUJARAT
BIREN VAISHNAV, HEMANT M. PRACHCHHAK
Shamma Jahan W/o Nazeer Siddhibhai Pattani – Appellant
Versus
Nazeer Siddhibhai Pattani – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed under the provision of Section 19 of the Family Courts Act, 1984 by the appellant wife-original plaintiff against the respondent husband challenging the judgment and decree dated 21.9.2023 passed by learned Principal Judge, Family Court, Jamnagar (hereinafter referred to as the "Family Court") in Family Suit No.131 of 2022 filed under Section 7 of the Family Courts Act r/w Sections 2(ii), 2(iv) and 2(ix) of the Muslim Marriage Act. By the impugned judgment and decree, learned Family Court rejected the Family Suit filed by the present appellant for dissolution of marriage.
2. Heard Mr. Makbul Mansuri, learned advocate for the appellant-wife and Mr. Krunal L. Shah, learned advocate for the respondent- husband.
3. It appears from the record that the appellant-wife and respondent-husband both are from muslim community. The appellant-wife went Rajkot to study engineering in Marwadi Education Foundation, where she came in contact with the respondent-husband. Their marriage (Nikah) was solemnized on 30.04.2019 in Junagadh and the same was registered under Registration of Marriage Certificate dated 16.05.2019 being registration No.
The court upheld the validity of an amicable settlement in divorce cases, recognizing the irretrievable breakdown of marriage as a basis for granting a decree of divorce.
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 Hind....
The court recognized the validity of mutual consent divorce under the Hindu Marriage Act, allowing parties to settle alimony and custody amicably, quashing previous allegations of cruelty.
The central legal point established is the court's reliance on mutual consent, settlement agreement, and absence of legal impediments to grant a decree of divorce by mutual consent and allow the waiv....
False criminal complaints can constitute cruelty, justifying divorce under the Hindu Marriage Act.
The court can grant waiver of the statutory period for divorce by mutual consent based on the parties' long separation and no possibility of reconciliation, and can accept settlement terms if they ar....
Mutual consent divorce can be granted even if one party did not initially contest, provided both parties agree to the terms and conditions.
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