ANNAPURNA J KversusNIRMAL CHANDRAN
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The decree of divorce is confirmed in view of the parties’ settlement, and the appeal is dismissed.
Summary
The husband filed a divorce petition on the ground of cruelty, and the Family Court granted a decree of divorce. The wife appealed the decree before the Gujarat High Court. While the appeal was pending, the parties reached a settlement, with the husband paying Rs.18 lakhs as permanent alimony and the wife returning the mangalsutra. The court examined the genuineness and voluntariness of the settlement and noted that the wife accepted the divorce decree except for the cruelty allegation. In view of the settlement, the court confirmed the decree of divorce and disposed of the appeal. Consequently, the accompanying civil application for a stay was also dismissed.
Issues considered
- What is the effect of a voluntary settlement between parties on an appeal against a decree of divorce?
- Whether the decree of divorce can be confirmed despite the appellant's allegation of cruelty.
Subjects
Judgment
C/FA/1858/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1858 of 2026
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/FIRST APPEAL NO. 1858 of 2026
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ANNAPURNA J K
Versus
NIRMAL CHANDRAN
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Appearance:
MR JAMSHED KAVINA(11236) for the Appellant(s) No. 1
MR PRADEEP PATEL(642) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 17/08/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. We have heard learned counsel Mr. Jamshed Kavina and Mr. Pradeep
Patel for the respective parties.
2. The respondent-husband had filed a divorce petition being Family
Suit No.530 of 2020 before the Family Court at Vadodara, on the
ground of cruelty. After appreciation of evidence and hearing the
parties, the family court was pleased to grant decree of divorce.
Aggrieved by the decree of dissolution of marriage, the appellant-
wife is before this Court by preferring the present appeal.
3. Pending the appeal, the parties have settled their matrimonial dispute
as per the consent terms and settlement dated 17.08.2026, allegedly
agreed and signed by both the parties. The copy of the consent terms
and settlement tendered by learned counsel is ordered to be taken on
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C/FA/1858/2026 ORDER DATED: 17/08/2026
record. Parties are present before this Court. The cheque of Rs.18
lakhs towards the permanent alimony being given by the husband to
the wife, against which, the wife has returned the Mangalsutra to the
respondent-husband. We have enquired from the parties about the
genuineness and voluntariness of the settlement which they have
agreed to and further the judgment of divorce being confirmed and
accepted by the appellant-wife except the allegation of cruelty.
4. In such circumstances, having regard to the facts and circumstances
of present case, the present appeal is disposed of in view of the terms
of the settlement and decree of divorce is being confirmed
accordingly.
5. In view of the order passed in main First Appeal, no order in Civil
Application and same is disposed of accordingly.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 18/08/2026 17:17:53
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