(Per :
HONOURABLE MR.JUSTICE JAYANT PATEL) The present appeal arises against the judgment and the order passed by the Family Court in HMP No.18/10, whereby the petition for dissolution of the marriage has been dismissed.
When the appeal had come up for on 13.07.2011, following order was passed
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"1. Learned Counsel for the appellant as well as for the respondent submit that as the matter is between husband and wife, if it is referred to the mediation center, there are chances of settlement.
2. Under the circumstances, the office to place this matter before the mediation center. The attempt shall be made to resolve the dispute preferably within three months and if the dispute is not resolved, the matter shall be placed for hearing on judicial side."
Thereafter, the report has been received from the mediation centre that the process of mediation was undertaken and the settlement has been arrived at between the parties. The copy of the settlement is also produced together with the copy of the deed executed for dissolution of the marriage dated 27.07.2011.
Today when the matter is further taken up for hearing, Mr.Sojitra, learned counsel appearing for the appellant and Mr.Manish J. Patel, learned counsel appearing for the respondent declared before the Court that the said deed of divorce has been acted upon and therefore, they pray that in view of the said settlement, the judgment and order for dismissal of the suit be modified or suitable observations be made.
It is hardly required to be stated that even if the suit for dissolution of the marriage is dismissed, nothing prevents the party from entering into the settlement outside the court for dissolution of the marriage, if otherwise permissible in law. Nothing is brought to our notice that the dissolution of marriage was not permissible. If the marriage is dissolved by agreement of both the sides and there is no bar operating in law for getting effect thereto, brought to our notice, the judgement and order for dismissal of the suit would not survive.
Under the circumstances, the present appeal is disposed of accordingly.
Civil Application No.4676/11 would not survive in view of the disposal of the First Appeal.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top