AHMEDABAD: Gujarat HC ruled that terms and prerequisites agreed for the length of the divorce are entirely enforceable and executable by a family court, which earlier refused to say a divorced woman to relinquish her rights in a joint property with her ex-husband.The couple all in favour of this case married in 2008 in Ahmedabad. They had a daughter in 2015 and acquired a divorce decree from the family court in 2019 by mutual consent. Their petition under Section 13B of Hindu Marriage Act included varied terms and prerequisites for mute separation, including that daughter’s custody could perhaps be with the mum, and he or she would relinquish her possession rights in a flat in Vastrapur and cooperate in getting the free up deed registered with the sub-registrar.In 2021, when the husband requested his ex-wife to offer up her property rights as agreed within the petition, the girl dragged her toes and asked him to transfer the coolest to their daughter as a change. The man approached the family court and sought execution of the settlement to know away the wife’s name from the property data.
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In 2023, the family court declined reduction, preserving that the divorce decree failed to particularly say execution of a doc.
The family court mentioned that if the petitioner used to be desirous of getting the free up deed carried out, he could enact so by filing a separate suit looking out for speak efficiency of the settlement in keeping with the provisions of the Affirm Support Act.The man challenged family court’s direct. A bench of Justice Sangeeta Vishen and Justice Nisha Thakore quashed the direct and held that after settlement terms are incorporated correct into a consent divorce decree, they was half of the decree itself & must be enforced in execution.The HC questioned whether the wife used to be permitted to expose round and elevate a complaint against the divorce deed and judgment after accepting the family court’s decree once. It extra mentioned, “Also, the family court, for executing the decree, cannot relegate the party to file a separate suit for the issues already agreed and judgment having passed in terms thereof. If such a course is allowed, it would go against the spirit of the Act of 1984 as well as the Act of 1955, as the central theme underlying both the legislations is to lessen the litigation, providing early resolution to the disputes between the parties.
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