IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2961 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/FIRST APPEAL NO. 2961 of 2024 ========================================================== PARIKH JYOTI NARENDRABHAI AND W/O RUCHIN HASMUKHBHAI SHAH Versus SHAH RUCHINBHAI HASMUKHBHAI ========================================================== Appearance: HCLS COMMITTEE(4998) for the Appellant(s) No. 1 MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1 MR SHAILESH C PARIKH(583) for the Defendant(s) No. 1 MR YV BRAHMBHATT(206) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 13/01/2026 ORAL ORDER (PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN) 1. Captioned appeal, is filed against the judgment dated 13.06.2024 passed by the learned Principal Judge, Family Court, Anand in Family Suit no.15 of 2022 whereby, the suit is dismissed. 2. Application under section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”) was preferred by the appellant. After considering the evidence on the record, the suit has been dismissed and the request of restitution for conjugal rights by the appellant has been refused. It is against this order, that the captioned appeal is filed. This Court, vide order dated 18.08.2025, admitted that matter. 3. Today, Mr Y. V. Brahmbhatt, learned advocate appearing for the respondent has placed on the record the judgment dated 05.12.2025 passed by the learned Judge, Family Court, Borsad, p. 1 Anand in Family Suit no.118 of 2025. It appears that the appellant and the respondent have preferred Family Suit no.118 of 2025 under section 13(B) of the Act of 1955 praying for dissolution of marriage by mutual consent. The suit, is allowed and the marriage of the plaintiff no.1 – Ruchin Hasmukhbhai Shah (respondent herein) and the plaintiff no.2 – Jyotiben D/o. Narendrabhai Parikh (appellant herein) solemnized on 15.05.2011, is directed to be dissolved. The said judgment has been placed on the record. Hence, the captioned appeal, would not survive. The said aspect of passing of the order dissolving the marriage by mutual consent, is affirmed by Ms Kirti S. Pathak, learned advocate for the appellant. In view thereof, the grievance raised in the captioned appeal would not survive and is disposed of. No order as to costs. 4. Connected civil application also stands disposed of accordingly. (SANGEETA K. VISHEN,J) (NISHA M. THAKORE,J) RAVI P. PATEL p. 2 Original copy of this order has been signed by the Hon'ble Judges.