DIPAKBHAI AMARDASBHAI SOLANKIversusMINABEN W/O DIPAKBHAI SOLANKI
- Disposal
- 46-ANY OTHER MODE @ FH
Holding
The appellate court quashed the impugned order and remanded the matter to the Family Court for appropriate relief.
Summary
The husband appealed a judgment of the Family Court, Junagadh (Family Suit No.69 of 2013), which had dismissed his suit for a declaration of dissolution of marriage. The appeal was filed under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu Marriage Act, 1955. Both parties subsequently reached a settlement and submitted a copy of a deed of divorce, expressing willingness to approach the Family Court for appropriate relief. The High Court, noting the consensus, quashed the impugned order to the extent of directing the parties to approach the Family Court, without examining the merits. Consequently, the appeal was disposed, leaving the matter to be decided by the Family Court in accordance with law.
Issues considered
- What relief, if any, should be granted to the appellant when the parties have settled and seek to approach the Family Court for divorce relief?
Legislation cited
Subjects
Judgment
C/FA/1193/2015 ORDER DATED: 15/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1193 of 2015
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DIPAKBHAI AMARDASBHAI SOLANKI
Versus
MINABEN W/O DIPAKBHAI SOLANKI
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Appearance:
MR PM DAVE(263) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Defendant(s) No. 1
RAVI B SHAH(5346) 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 : 15/06/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
Judgement and decree dated 15/04/2015 passed in Family Suit
No.69 of 2013 by the learned Principal Judge, Family Court, Junagadh
dismissing the suit seeking declaration of dissolution of the marriage
solemnized between the parties is sought to be assailed in this appeal by
the appellant – husband under Section 19 of the Family Courts Act, 1984
read with Section 28 of the Hindu Marriage Act, 1955.
2. Heard the learned Advocates appearing for the respective parties. It
is jointly submitted by learned Advocates appearing for the respective
parties that the parties have arrived at the settlement and places on record
the xerox copy of the deed of divorce. It is further jointly submitted that
the parties are ready and willing to approach the Court concerned seeking
appropriate relief and therefore, the matter may be remanded to the
concerned Family Court.
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C/FA/1193/2015 ORDER DATED: 15/06/2026
3. In view of the consensus arrived at between the parties as recorded
herein above, the impugned order is hereby quashed and set aside to the
extent of relegating the parties to approach the concerned Family Court
so as to seek appropriate relief.
4. Needless to say that this Court has not gone into the merits of
matter and the learned Court concerned shall decide the matter in
accordance with the law. Considering the age of the matter, the parties
shall extend their co-operation before the learned Court concerned.
5. Accordingly, the present appeal is disposed of.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
sompura
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 15/06/2026 17:22:15
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