HIREN ANILKUMAR PANCHAL Vs. JINAL PRAFULCHANDRA PANCHAL

JUDGEMENT

(1.) This first appeal under Section 19 of the Family Courts Act, 1984 (for short "the Act, 1984") is at the instance of the husband and is directed against the order passed by the Family Court No.6, Ahmedabad below Exh.1 in the Family Suit No.504 of 2019 filed by the parties to dissolve the marriage with mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 (for short "the Act, 1955").

(2.) It appears from the materials on record that the appellant and the respondent preferred a joint application in the Family Court at Ahmedabad for dissolution of marriage by mutual consent under Section 13(B) of the Act, 1955. After the Family Suit No.504 of 2019 came to be instituted, the wife preferred an application Exh.11 pointing out to the Family Court that her consent had been obtained by threats, pressure, duress, coercion etc. The wife made herself very clear that she was not ready and willing to give consent to dissolve the marriage. In such circumstances, the Family Court had to adjudicate the application Exh.11 and, ultimately, vide the impugned order thought fit to dismiss the suit instituted for dissolution of marriage with mutual consent. The Family Court, while dismissing the suit, observed as under;

(3.) Being dissatisfied with the impugned order passed by the Family Court, referred to above, the husband has come up before this Court with the present appeal.