GAJERA CHIRAGKUMAR BHARATKUMARversusANKITABEN D/O. POPATLAL PARSHOTTAMBHAI HIRPARA

     C/FA/1528/2026                               ORDER DATED: 27/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1528 of 2026

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               GAJERA CHIRAGKUMAR BHARATKUMAR
                              Versus
         AKITABEN D/O. POPATLAL PARSHOTTAMBHAI HIRPARA
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Appearance:
MR ATIT D THAKORE(5290) for the Appellant(s) No. 1
MS NEHA SHUKLA for MR KUNAL S SHAH(5282) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
       and
       HONOURABLE MR.JUSTICE L. S. PIRZADA

                              Date : 27/04/2026

                         ORAL ORDER
         (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1.    Heard learned advocate Mr.Atit Thakore for the appellant-
husband and Ms.Neha Shukla for Mr.Kunal Shah, learned
advocate for the respondent-wife.


2.    The appellant is virtually present as he is residing in
United States and is identified by learned advocate, Mr.Atit
Thakore. Learned advocate, Ms.Neha Shukla has identified the
respondent-wife, Ankitaben, who is personally present in the
Court.


3.    Learned advocate for the parties have submitted draft
amendment. The same is allowed in terms of the draft.
Amendment be carried out forthwith.


4.    Learned advocates for the parties have submitted
consent affidavit of the respondent, which reads as under:-


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C/FA/1528/2026                                     ORDER DATED: 27/04/2026




 “I,   Ankitaben          D/o    Popatlal      Parshottambhai        Hirpara,
 Female, Aged 34 years, Occupation House wife, residing
 at Una, Gir Somnath, do hereby solemnly affirm and state
 on oath as under:-


 1. I say that I am the respondent in the present First
 Appeal and I am well acquainted with the facts and
 circumstances of the case, and therefore, competent to
 swear this affidavit.


 2. I say that the marriage between myself and the
 appellant was solemnized on 3.2.2018 as per Hindu rites
 and customs. After the marriage, due to not matching the
 nature and not ready to live together. Therefore, we
 could not continue our marital relationship peacefully.


 3. I say that due to such irreconcilable differences, we
 have been living separately since 23.12.2019, and all
 efforts of reconciliation between us have failed. We have
 mutually agreed to dissolve our marriage by way of
 consent and have also executed customary divorce on
 23.12.2019.


 4. I say that thereafter, both the appellant and myself
 jointly filed a suit for dissolution of marriage by mutual
 consent         before    the    Hon'ble       Family   Court      at       Una.
 However, the said suit came to be dismissed by the
 Learned Family Court on technical grounds.




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     C/FA/1528/2026                             ORDER DATED: 27/04/2026




      5. I say that the present first appeal has been preferred
      by the appellant challenging the said order of dismissal
      passed by the Learned Family Court.


      6. I say that I have no objection if the present appeal is
      allowed and the marriage between myself and the
      appellant is dissolved by a decree of divorce by mutual
      consent.


      7. I, therefore, respectfully pray that this Hon'ble Court
      may be pleased to allow the present appeal and pass
      appropriate orders for dissolution of marriage between
      the appellant and myself in the interest of justice.”


5.    Learned advocate Mr.Atit Thakore submitted that the
appellant preferred Family Suit No.49 of 2025 in the Family
Court at Una for getting divorce, in view of the customary
divorce      agreement   entered      between      the      parties       on
23.12.2019. It was submitted that learned Family Court Judge
has dismissed the Family Suit for divorce filed by the appellant
under Section 13 (1) (b) of the Hindu Marriage Act, 1956.


6.    It was submitted that both the parties are ready for
divorce and, in view of the affidavit filed by the respondent-
wife, judgment and decree passed by the Family Court may be
set aside and decree of divorce may be drawn as per the
provisions of Section 13 (1) (b) of the Hindu Marriage Act.




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           C/FA/1528/2026                                                            ORDER DATED: 27/04/2026




 7.         We have ascertained the wish of the respondent through
 learned advocate Ms.Nehal Shukla, for giving consent for the
 divorce.


 8.         Considering the submissions of the learned advocate for
 the appellant and in view of the contents of the consent
 affidavit filed by the respondent-wife as well as wish expressed
 by her in the Court, the judgment and decree dated 18.2.2026
 passed by the Family Court, Una, rejecting the Family Suit
 No.49 of 2025 is set aside. The marriage solemnized between
 the parties on 3.2.2018 is ordered to be annulled and the
 decree of divorce under Section 13 (1) (b) of the Hindu
 Marriage Act, 1956 be drawn accordingly.


 9.         The appeal stands allowed in view of above facts.



                                                                                    (BHARGAV D. KARIA, J)




                                                                                               (L. S. PIRZADA, J)
 R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 11:59:53




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