JUDGMENT :

(PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE)

The captioned appeal is preferred under Section 19 of the Family Courts Act, 1984 (hereinafter to referred as “the Act of 1984”) by the husband-appellant herein through the power of attorney holder, who is his father, seeks to challenge the judgment and order dated 22.02.2024 (hereinafter to be referred as “the impugned judgment and order”) passed by the learned Principal Judge, Family Court, Nadiad in Family Suit No.252 of 2023. By the said impugned judgment and order, the learned Family Judge, has dismissed the application preferred by the plaintiff-husband under Section 7 of the Act of 1984, read with Section 34 of the Specific Relief Act, 1963 (hereinafter to be referred as the “the Act of 1963”), praying for declaration of divorce against the respondent- wife, on the ground that their marriage has been dissolved, in view of the mutual divorce deed executed freely and voluntarily on 20.06.2022, in the presence of two witnesses.

[2.] Before adverting to the merits of the case, it would be appropriate to record the relevant facts of the case for the purpose of the appreciation of the case;

[2.1] It was pleaded before the learned Family Judge that the Nikah (marriage) was performed between the parties on 19.03.2022, as per Muslim Shariat and the Rituals, in the presence of family friends and elders as well as the Kazi in the village Kanjari, Taluka- Nadiad, District Kheda. Subsequently, their Nikah (marriage) was also registered with the Registrar of Kanjari Nagarpalika vide registration no. 150 M.R.20220000021 dated 23.03.2022, and therefore, they were legally wedded husband and wife. After the marriage, the husband had travelled abroad for education purposes to London, U.K., whereas the wife, having stayed back initially at the marital house, and had joined back her parental house.

[2.2] Initially, the parties have remained in contact with each other through telephone and mobile; however, realizing that there was lack of compatibility between the parties, they had mutually decided to part their ways. As per Muslim Shariat Laws, the parties had entered into a mutual divorce deed on 20.06.2022, in the presence of two witnesses. It was pleaded before the learned Family Judge that such document was entered in the register book maintained by the Notary Mr.Iqbal A. Vohra vide register serial no.9487 of 2022 in Book no.5 on 20.06.2022. It was, therefore, urged before the learned Family Judge that they ceased to be husband and wife, and had therefore, sought for declaration of dissolution of marriage. Reliance was placed on condition No. 8 of such mutual consent deed, wherein the parties have agreed to appear before the Court, in case of such declaration being sought for divorce from the competent court. The cause of action arose for the husband to seek such declaration from the competent court was that, in the passport of the plaintiff-husband, the name of the respondent-wife appeared, and since the date of renewal of Visa was approaching near, it was necessary to seek deletion of her name from the legal documents, for which, a decree of dissolution of marriage from the competent court was required. Since the husband had continued his stay in the U.K., a petition seeking appropriate relief was moved through the power of attorney holder. The aforesaid petition was preferred under Section 34 of the Act of 1963 and Section 7 of the Act of 1984, which was presented before the Court of the learned Principal Judge, Family Court, Nadiad, on 08.12.2023 and was registered as Family Suit No. 252 of 2023.

[2.3] Considering the aforesaid pleadings, the learned Judge, Family Court, had issued notice upon the respondent-wife. The notice was permitted to be served by the plaintiff- husband directly upon the respondent wife. It was reported on behalf of the plaintiff-husband that the notice has been duly effected in person as well as through Registered Post A.D. and electronic mode. Despite ser