High Court of Gujarat

PARIKH JYOTI NARENDRABHAI AND W/O RUCHIN HASMUKHBHAI SHAHversusSHAH RUCHINBHAI HASMUKHBHAI

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: SANGEETA K VISHENNISHA M THAKORE

Holding

The appeal was dismissed as it could not survive the dissolution of the marriage by mutual consent.

Summary

The appellant filed an appeal against a Family Court order dismissing a suit under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. While the appeal was pending, the parties filed a separate suit under Section 13(B) of the same Act for dissolution of the marriage by mutual consent, which was allowed, thereby terminating the marriage. The appellate court noted that the dissolution rendered the relief sought in the original suit moot. Consequently, the court held that the appeal could not survive the dissolution of the marriage. The appeal was therefore dismissed without any order as to costs, and the related civil stay application was also disposed.

Issues considered

Whether an appeal against a dismissal of a restitution of conjugal rights suit can continue after the marriage has been dissolved by mutual consent under Section 13(B) of the Hindu Marriage Act

Legislation cited

Hindu Marriage Act, 1955s. 13(B), s. 9

Subjects

restitution of conjugal rightsmutual consent divorceHindu Marriage Actappealfamily lawdissolution of marriage

Judgment

     C/FA/2961/2024                           ORDER DATED: 13/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 2961 of 2024
                                  With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
                   In R/FIRST APPEAL NO. 2961 of 2024
==========================================================
PARIKH JYOTI NARENDRABHAI AND W/O RUCHIN HASMUKHBHAI SHAH
                           Versus
               SHAH RUCHINBHAI HASMUKHBHAI
==========================================================
Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
MR SHAILESH C PARIKH(583) for the Defendant(s) No. 1
MR YV BRAHMBHATT(206) for the Defendant(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
       and
       HONOURABLE MS. JUSTICE NISHA M. THAKORE

                       Date : 13/01/2026
                         ORAL ORDER
       (PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1.    Captioned appeal, is filed against the judgment dated
13.06.2024 passed by the learned Principal Judge, Family Court,
Anand in Family Suit no.15 of 2022 whereby, the suit is dismissed.


2.    Application under section 9 of the Hindu Marriage Act, 1955
(hereinafter referred to as “the Act of 1955”) was preferred by the
appellant. After considering the evidence on the record, the suit has
been dismissed and the request of restitution for conjugal rights by
the appellant has been refused. It is against this order, that the
captioned appeal is filed. This Court, vide order dated 18.08.2025,
admitted that matter.


3.    Today, Mr Y. V. Brahmbhatt, learned advocate appearing for
the respondent has placed on the record the judgment dated
05.12.2025 passed by the learned Judge, Family Court, Borsad,



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        C/FA/2961/2024                                                      ORDER DATED: 13/01/2026




Anand in Family Suit no.118 of 2025. It appears that the appellant
and the respondent have preferred Family Suit no.118 of 2025
under section 13(B) of the Act of 1955 praying for dissolution of
marriage by mutual consent. The suit, is allowed and the marriage
of the plaintiff no.1 – Ruchin Hasmukhbhai Shah (respondent herein)
and the plaintiff no.2 – Jyotiben D/o. Narendrabhai Parikh (appellant
herein) solemnized on 15.05.2011, is directed to be dissolved. The
said judgment has been placed on the record. Hence, the captioned
appeal, would not survive. The said aspect of passing of the order
dissolving the marriage by mutual consent, is affirmed by Ms Kirti S.
Pathak, learned advocate for the appellant. In view thereof, the
grievance raised in the captioned appeal would not survive and is
disposed of. No order as to costs.


4.       Connected             civil      application            also       stands         disposed           of
accordingly.




                                                                         (SANGEETA K. VISHEN,J)



                                                                            (NISHA M. THAKORE,J)
RAVI P. PATEL

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAVI PRAVINCHANDRA PATEL(HC01068), PRIVATE SECRETARY, at High Court of Gujarat on 13/01/2026 15:25:44




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