RIMA BHAVIN PATEL Vs. BHAVIN ASHWIN PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and decree dtd. 21/11/2021 passed by the learned Family Court no.2, Surat in Family Suit no.786/19, the present appellant, who happens to be the wife of the respondent, has preferred this appeal under Sec. 19 of the Family Courts Act, 1984. The appeal came to be admitted by Coordinate Bench vide order dtd. 8/4/2022 and the judgment and decree came to be stayed by way of ad-interim order of even date and as such Civil Application for stay was listed today for hearing before us.

(2.) Mr. Kunal S. Shah, learned advocate for the appellant-wife and Mr. Raxit J. Dholakia, learned advocate for the respondent-husband, in presence of both the parties, mentioned the matter and declared before us that the parties have amicably resolved the issue and have again started their new life as husband and wife. Mr. Dholakia, learned advocate for the respondent further stated that the respondent intends to put the affidavit-in- reply on record of the First Appeal and requests this Court that the judgment and decree, which is in his favour impugned in this appeal, be quashed and set aside with consent, as now both the parties have reconciled as aforesaid. Under such circumstances, First Appeal was ordered to be listed forthwith today at 02:30 p.m.

(3.) The appellant - Mrs. Rima Bhavin Patel, daughter of Sunderbhai Ambalalbhai Desai and wife of Mr. Bhavin Ashwin Patel as well as the respondent - Mr. Bhavin Ashwin Patel are present in person before us. Respective learned advocates have identified them. Mr. Dholakia has also tendered an affidavit-in- reply, which is taken on record. The averments made in Paragraphs 3 to 5 clearly borne out that the parites have been able to mutually iron out differences and have again reunited with their children and are staying as husband and wife. The respondent - Mr. Bhavin Ashwin Patel has made the following statement in Paragraph 6 of the affidavit:-