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2022 Supreme(Online)(Guj) 4003
HIGH COURT OF GUJARAT
A. J. DESAI, NISHA M. THAKORE, JJ
AAKASH RATHOD S/O SANJAYBHAI RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CRIMINAL APPLICATION NO.6256 of 2022
For the Appellants/Petitioners: MR JAYENDRA M SHAH
For the Respondents: MR PRAVIN GONDALIYA, MR TIRTHRAJ PANDYA, APP
The resolution of marital disputes under Article 226 involves adherence to mediation outcomes and relevant statutory provisions.
Headnote:The case pertains to a petition under Article 226 of the Constitution of India for the production of the petitioner's wife, alleging illegal detention. The parties reached a resolution through mediation, agreeing to dissolve their marriage under Section 13-B of the Hindu Marriage Act, 1955, with custody arranged for their child. The court concluded that nothing survives in this petition as the matter was resolved amicably.
| Table of Content |
|---|
| 1. petition concerning illegal detention resolved through mediation. (Para 1 , 2) |
| 2. parties agree to dissolve marriage and manage child custody. (Para 4) |
| 3. court disposes of the petition as resolved. (Para 5) |
ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI) By way of the present petition under Article 226 of the Constitution of India, the petitioner - husband has prayed to direct the respondents to produce his wife - respondent No.3 - Kiran Aakash Rathod along with the child, namely, Dhyati aged about 5 and 1/2 years before this Court. It was alleged that the wife of the petitioner has been illegally detained by her relatives.
2. It appears from the record that the parties did remain present before the coordinate Bench. The matter was referred for mediation. Accordingly, Mediator has submitted the report which is taken on record. Mediator has stated that the matter is resolved between the parties and Memorandum of Understanding is also produced along with the report, which is also taken on record.
3. The petitioner as well as respondent No.3 have remained present before this Court. The matter is taken up in the chamber.
4. The respondent No.3 - wife - Kiran Aakash Rathod states that she has not been illegally detained and during the conciliation proceedings, the petitioner as well as respondent No.3 have decided to dissolve their marriage by filing appropriate petition under Section 13-B of the Hindu Marriage Act, 1955 . It is further resolved between them that the custody of the minor child, namely, Dhyati would remain with the petitioner - father.
5. Considering the above aspect, nothing survives in this petition. Hence, the present petition stands disposed of. It is needless to state that as and when petition under Section 13-B of the Act will be filed by both the parties, the concerned Judge shall decide the same in accordance with law taking into consideration various decisions of Hon'ble Apex Court, if such petition under Section 13-B of the Act is filed. Notice is discharged. (A. J. DESAI, J) (NISHA M. THAKORE,J) SAVARIYA
