PARMAR HEMANGINI KANJIBHAIversusPRAVINBHAI MOHANLAL SOLANKI
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
Holding
The High Court quashed the impugned order and directed the parties to approach the Family Court for a divorce by mutual consent, without deciding the merits of the original suit.
Summary
The Family Court in Ahmedabad dismissed a suit filed by the wife seeking a declaration of marital status. The wife appealed to the Gujarat High Court under Section 96 of the Code of Civil Procedure read with Section 19 of the Family Court Act. During the hearing, both parties informed the Court that they had reached a settlement and wished to obtain a divorce by mutual consent. The High Court, noting the consensus, quashed the impugned order and directed the parties to approach the Family Court for a mutual‑consent divorce, without examining the merits of the original suit. Consequently, the appeal was disposed of. The order emphasizes the Court’s willingness to remand matters to the Family Court when parties agree to settle amicably.
Issues considered
- Whether the High Court can set aside the Family Court’s dismissal order and remand the matter for a mutual‑consent divorce.
- Whether the appeal filed under Section 96 CPC and Section 19 of the Family Court Act is maintainable in the circumstances of a settlement between the parties.
Legislation cited
- Code of Civil Procedures. 96
- Family Court Acts. 19
Subjects
Judgment
C/FA/4565/2025 ORDER DATED: 08/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4565 of 2025
==========================================================
PARMAR HEMANGINI KANJIBHAI
Versus
PRAVINBHAI MOHANLAL SOLANKI
==========================================================
Appearance:
MR ANVESH V VYAS(5654) for the Appellant(s) No. 1
MR SNEHAL J NAYAK(3614) for the Appellant(s) No. 1
MR ASHOK N PARMAR(2431) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 08/06/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
Order dated 13/08/2025 passed in Family Suit No.1220 of 2022 by
the learned Family Court, Ahmedabad dismissing the suit seeking
declaration of marital status with the respondent – husband is sought to be
assailed by the appellant – wife in this First Appeal under Section 96 of
the Code of Civil Procedure read with Section 19 of the Family Court
Act.
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 expressed their
readiness and willingness to approach the Court concerned seeking
divorce by mutual consent and therefore, the matter may be remanded to
the concerned Family Court.
3. In view of the consensus arrived at between the parties as recorded
Page 1 of 2
C/FA/4565/2025 ORDER DATED: 08/06/2026
herein above, the impugned order is hereby quashed and set aside to the
extent of relegating the parties to approach the concerned Family Court to
seek divorce by mutual consent. Needless to say that this Court has not
gone into the merits of matter.
4. 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 08/06/2026 15:27:33
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.