C/FA/1528/2026 ORDER DATED: 27/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1528 of 2026 ========================================================== GAJERA CHIRAGKUMAR BHARATKUMAR Versus AKITABEN D/O. POPATLAL PARSHOTTAMBHAI HIRPARA ========================================================== Appearance: MR ATIT D THAKORE(5290) for the Appellant(s) No. 1 MS NEHA SHUKLA for MR KUNAL S SHAH(5282) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 27/04/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned advocate Mr.Atit Thakore for the appellant- husband and Ms.Neha Shukla for Mr.Kunal Shah, learned advocate for the respondent-wife. 2. The appellant is virtually present as he is residing in United States and is identified by learned advocate, Mr.Atit Thakore. Learned advocate, Ms.Neha Shukla has identified the respondent-wife, Ankitaben, who is personally present in the Court. 3. Learned advocate for the parties have submitted draft amendment. The same is allowed in terms of the draft. Amendment be carried out forthwith. 4. Learned advocates for the parties have submitted consent affidavit of the respondent, which reads as under:- C/FA/1528/2026 ORDER DATED: 27/04/2026 “I, Ankitaben D/o Popatlal Parshottambhai Hirpara, Female, Aged 34 years, Occupation House wife, residing at Una, Gir Somnath, do hereby solemnly affirm and state on oath as under:- 1. I say that I am the respondent in the present First Appeal and I am well acquainted with the facts and circumstances of the case, and therefore, competent to swear this affidavit. 2. I say that the marriage between myself and the appellant was solemnized on 3.2.2018 as per Hindu rites and customs. After the marriage, due to not matching the nature and not ready to live together. Therefore, we could not continue our marital relationship peacefully. 3. I say that due to such irreconcilable differences, we have been living separately since 23.12.2019, and all efforts of reconciliation between us have failed. We have mutually agreed to dissolve our marriage by way of consent and have also executed customary divorce on 23.12.2019. 4. I say that thereafter, both the appellant and myself jointly filed a suit for dissolution of marriage by mutual consent before the Hon'ble Family Court at Una. However, the said suit came to be dismissed by the Learned Family Court on technical grounds. Page 2 of 4 C/FA/1528/2026 ORDER DATED: 27/04/2026 5. I say that the present first appeal has been preferred by the appellant challenging the said order of dismissal passed by the Learned Family Court. 6. I say that I have no objection if the present appeal is allowed and the marriage between myself and the appellant is dissolved by a decree of divorce by mutual consent. 7. I, therefore, respectfully pray that this Hon'ble Court may be pleased to allow the present appeal and pass appropriate orders for dissolution of marriage between the appellant and myself in the interest of justice.” 5. Learned advocate Mr.Atit Thakore submitted that the appellant preferred Family Suit No.49 of 2025 in the Family Court at Una for getting divorce, in view of the customary divorce agreement entered between the parties on 23.12.2019. It was submitted that learned Family Court Judge has dismissed the Family Suit for divorce filed by the appellant under Section 13 (1) (b) of the Hindu Marriage Act, 1956. 6. It was submitted that both the parties are ready for divorce and, in view of the affidavit filed by the respondent- wife, judgment and decree passed by the Family Court may be set aside and decree of divorce may be drawn as per the provisions of Section 13 (1) (b) of the Hindu Marriage Act. Page 3 of 4 C/FA/1528/2026 ORDER DATED: 27/04/2026 7. We have ascertained the wish of the respondent through learned advocate Ms.Nehal Shukla, for giving consent for the divorce. 8. Considering the submissions of the learned advocate for the appellant and in view of the contents of the consent affidavit filed by the respondent-wife as well as wish expressed by her in the Court, the judgment and decree dated 18.2.2026 passed by the Family Court, Una, rejecting the Family Suit No.49 of 2025 is set aside. The marriage solemnized between the parties on 3.2.2018 is ordered to be annulled and the decree of divorce under Section 13 (1) (b) of the Hindu Marriage Act, 1956 be drawn accordingly. 9. The appeal stands allowed in view of above facts. (BHARGAV D. KARIA, J) (L. S. PIRZADA, J) R.S. MALEK Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2026 11:59:53