High Court of Gujarat

SHUKAL KARNAVI D/O BHARGAVNATH GIRINDRANATHversusPUROHIT PARTH BHADRESHKUMAR

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: C DOSHI

Holding

A divorce deed alone is not sufficient; the parties must seek divorce under Section 13(b) of the Hindu Marriage Act, and the court may waive the cooling period upon joint request.

Summary

The appellant, Shukal Karnavi, filed a second appeal under Section 100 of the Code of Civil Procedure seeking a declaration that the divorce deed executed between the parties is sufficient to dissolve their marriage. The trial and appellate courts had held that a divorce deed is not permissible in the Brahmin community under the Hindu Marriage Act. Both parties, through their counsel, agreed to file a petition under Section 13(b) of the Hindu Marriage Act for a mutual‑consent divorce and requested a waiver of the statutory cooling period. The High Court accepted the joint proposal, noting that the parties have been in agreement since 2018 and that the cooling period, though normally required, could be waived in the interest of justice. Consequently, the appeal was disposed of as not pressed, and the court directed the parties to approach the Family Court for a mutual‑consent divorce without insisting on the cooling period.

Issues considered

The validity of a divorce deed as a means of dissolving marriage in the Brahmin community
Whether the cooling period under Section 13(b) of the Hindu Marriage Act can be waived by the court

Legislation cited

Code of Civil Procedure, 1908s. 100
Hindu Marriage Act, 1955s. 13(b)

Subjects

divorce deedmutual consent divorceHindu Marriage Actcooling period waiverSection 100 CPCBrahmin community

Judgment

     C/SA/92/2022                              ORDER DATED: 12/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SECOND APPEAL NO. 92 of 2022

==========================================================
        SHUKAL KARNAVI D/O BHARGAVNATH GIRINDRANATH
                            Versus
               PUROHIT PARTH BHADRESHKUMAR
==========================================================
Appearance:
MUHAMMADYUSUF M KHARADI(9509) for the Appellant(s) No. 1
MR ADNAN A KHAN(12119) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                           Date : 12/02/2026

                             ORAL ORDER


1.           The present Second Appeal is preferred under
Section 100 of the Code of Civil Procedure, 1908 (“the Code”
for short). A joint request was made by learned advocates
for both the parties to the dispute by way of R.C.S.No.32 of
2018 to declare the divorce between the parties whose
marriage was solemnized on 21.11.2016 on the ground that
they have executed one Divorce Deed. The learned trial
Court as well as learned appellate Court did not believe that
divorce in Brahmin community to which the plaintiff and
defendant are belonging is permitted through Divorce Deed.


2.           At the outset, learned advocate Mr.M.M.Kharadi
appearing for the appellant and learned advocate Mr.Adnan
A.Khan appearing for the respondent have agreed to the


                               Page 1 of 3
     C/SA/92/2022                          ORDER DATED: 12/02/2026




proposal that both the parties who have divorced each other
on executing the Divorce Deed shall file appropriate
proceedings under section 13(b) of the Hindu Marriage Act
for seeking divorce on mutual consent before the concerned
Family Court within a period of four weeks from today.
Learned advocates for both the sides submit that since more
than sufficient time has been elapsed between the parties
and did not yield any fruitful result between the parties,
there would not be any reason to wait for cooling period to
pass the divorce decree on mutual consent.


3.           This Court is fully agreed on the submissions
canvassed by learned counsel for both the sides as parties
litigating for getting divorce for which otherwise they are
agreed since 2018.


4.           In view of the above, the appeal is disposed of as
not pressed. As requested by learned advocates for both the
parties permitting both the parties to file a petition under
Section 13(b) of the Hindu Marriage Act seeking divorce by
mutual consent before the concerned Family Court. The
cooling period which deserves to be observed though not
mandatory is hereby waived. It is further clarified that
learned Family Court in a petition for divorce on mutual
consent shall not insist for observing cooling period and
proceed further in accordance with law to accept the request



                             Page 2 of 3
        C/SA/92/2022                                                    ORDER DATED: 12/02/2026




of the parties to grant divorce on mutual consent.


                  Direct service is permitted.

                                                                                      (J. C. DOSHI,J)
H.M. PATHAN




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HABIBULLAKHAN MOHAMMADKHAN PATHAN(HC00167), GOV, at High Court of Gujarat on 12/02/2026 16:16:47




                                                Page 3 of 3

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "divorce deed"Sign in to search