High Court of Gujarat
RUSHI NILESHBHAI OZAversusMEGHA HARESHBHAI MAHETA
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The appeal is allowed and the marriage is declared null and void by a consent decree.
Summary
The husband appealed a Family Court order that rejected his suit seeking a declaration that his marriage, registered on 13 June 2022 in Junagadh, be declared null and void. Both parties, now residing abroad (the husband in Canada and the wife in Cyprus), appeared virtually and submitted affidavits confirming a mutual settlement. The wife’s affidavit stated that the marriage had no rites, that she consented to a nullity decree, and that she would make no claim for maintenance, alimony, or any other relief, nor initiate criminal proceedings. The Court, noting the voluntary and uncoerced nature of the settlement, allowed the appeal and ordered a consent decree declaring the marriage null and void. The order was made on the basis of the parties’ agreement and was not intended as a precedent.
Issues considered
- What is the effect of a mutual consent settlement on the declaration of nullity of a marriage?
- Whether the Court can grant a decree of nullity based solely on the parties' voluntary agreement without further substantive proof.
Subjects
marriage nullityconsent decreefamily suitamicable settlementjurisdictionmaintenance waiver
Judgment
C/FA/4160/2025 ORDER DATED: 09/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4160 of 2025
==========================================================
RUSHI NILESHBHAI OZA
Versus
MEGHA HARESHBHAI MAHETA
==========================================================
Appearance:
MS. SHIVANGI M RANA(7053) for the Appellant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 09/06/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
The proposed draft amendment tendered today i.e. dated
09/06/2026 is allowed. To be carried out accordingly.
1.1 Learned Advocate Ms.Alveera Kachara for Ms.Barkha
Maheshwari appears for the respondent – wife.
2. Order dated 29/08/2025 passed in Family Suit No.175 of 2024 by
the learned Principal Judge, Family Court, Junagadh rejecting the suit
filed by the appellant - husband seeking declaration of the marraige as
null and void is sought to be assailed in this First Appeal.
3. Heard the learned Advocates appearing for the respective parties.
4. In view of the earlier order dated 07/05/2026 passed by the co-
ordinate Bench of this Court, recording that there is an amicable
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C/FA/4160/2025 ORDER DATED: 09/06/2026
settlement between the parties to dissolve the marraige, both the parties
are virtually remained present before this Court, who have been identified
by their respective learned Advocates. The appellant – husband is
reported to be residing at Canada and respondent – wife is reported to be
residing at Cyprus. Both the appellant – husband and the respondent –
wife have filed their respective affidavits which are ordered to be taken
on record and the contents thereof have been duly acknowledged by their
respective Advocates.
5. Paragraph No.4 of the affidavit filed by the respondent – wife
records the mutual understanding and settlement arrived at between the
parties which is reproduced hereunder:
“a. That we have not resided together as husband and wife
under one roof. The marriage was registered with the Registrar of
Marriages, Junagadh. But no marriage rites and rituals have been
performed. In view of that both appellant and I have voluntarily
agreed that the marriage solemnized between us on 12.06.2022
and registered vide no. 00000002 on 13.06.2022 at Junagadh be
declared null and void.
b. I have no objection if this Hon'ble Court allows the present
First Appeal and passes a consent decree declaring the marriage
between the parties as null and void. I state that after due
deliberation and understanding, and considering our respective
better future prospects and in the larger interest and welfare of
both parties, I have voluntarily agreed that the marriage
solemnized between the Appellant and myself may be declared as
null and void by this Hon'ble Court.
c. The settlement has been arrived at out of my free will and
consent, without any force, coercion, undue influence, fraud or
misrepresentation.
d. I do not have any claim against the Appellant towards
maintenance, permanent alimony, stridhan, or any other monetary
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C/FA/4160/2025 ORDER DATED: 09/06/2026
or civil claim. I state that I shall not make any claim of whatsoever
nature from the Appellant-Husband at present or at any time in
future.
e. I further undertake that I shall not initiate any criminal
proceedings against the civil or Appellant in future.
f. I say that I am filing this affidavit voluntarily to place my
consent on record and to request this Hon'ble Court to pass
appropriate orders in terms of the settlement so as to put an end to
the dispute between the parties.”
6. Since the parties have appeared before this Court through virtual
mode, we have interacted with them and both the parties have conceded
rather endorsed the contents of the affidavit filed by them respectively
wherein the respondent – wife has expressly stated that she has no
objection if the appeal is allowed.
7. Accordingly, the present appeal is allowed in terms of the prayer
clause No.4(B) of the proposed draft amendment dated 09/06/2026.
Decree to be drawn accordingly.
8. Needless to observe that considering the peculiar facts of the case,
the present order is passed and this may not be treated as precedent.
(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 09/06/2026 18:05:53
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