LAWS(GJH)-2011-10-200

NARHARIBHAI VASANTBHAI CHAVDA Vs. HARSHNABEN HARGOVINDBHAI PRAJAPATI

Decided On October 21, 2011
NARHARIBHAI VASANTBHAI CHAVDA Appellant
V/S
HARSHNABEN HARGOVINDBHAI PRAJAPATI Respondents

JUDGEMENT

(1.) AS both the matters are inter-connected, they are being considered together.

(2.) FIRST Appeal No.3271 of 2011 arises against the order passed by the Family Court in Family Petition No.925 of 2005, whereby the marriage between the appellant original respondent and the respondent herein original petitioner has been declared as null and void under Section 12 of the Hindu Marriage Act and further consequential order is passed. FIRST Appeal No.3272 of 2011 has been preferred against the order passed by the Family Court in Family Suit No.86/2006, whereby the application for restitution of conjugal rights has been dismissed. Yesterday, the matter was heard for some time and the learned Counsel appearing for both the sides had suggestions and counter-suggestions for the purpose of settlement. Today when the matter is heard, the learned Counsel appearing for both the sides namely; Mr.Patel as well as Mr.Dastoor have tendered the consent terms (purshis) arrived at between their respective clients, who are also present in the Court today and the learned Counsel appearing for both the sides have signed the said settlement.

(3.) WE find that as it is the matter is between the appellant claiming the status as husband and the respondent denying the status as wife. If the settlement is allowed to operate, it would meet with the ends of justice. Further, it would also put an end, not only to the present litigation, but it would also put an end to the proceedings, which are pending before the Criminal Court.