Landmark judgment emphasizes Family Court's jurisdiction over property-related terms in mutual consent divorce decrees.
The Gujarat High Court delivered a significant judgment on December 16, 2025, affirming the Family Court's authority to execute consent decrees in divorce cases, including terms related to property division, without requiring a separate suit for specific performance. The case in question involved Shivang Ashwinbhai Bhatt and Mahima Shivang Bhatt, who had jointly filed for divorce under mutual consent, agreeing to specific terms regarding property rights.
The bench, comprising Justices Sangeeta K. Vishen and Nisha M. Thakore, ruled that the Family Court has the jurisdiction to enforce decrees incorporating terms agreed upon by the parties under mutual consent divorce, as per the Family Courts Act, 1984, and the Hindu Marriage Act, 1955. The court emphasized that such decrees should be executed as they stand, ensuring finality and avoiding multiplicity of litigation.
The case arose when Shivang Bhatt appealed against the Family Court's order that refused to enforce a deed of relinquishment regarding a jointly owned property, as agreed in the divorce settlement. The Family Court had initially rejected the execution on grounds that the property rights were not adjudicated in the original divorce decree.
The High Court clarified that under Section 18 of the Family Courts Act, the decrees and orders of Family Courts carry the same weight as those of civil courts and must be executed in the same manner. The court underscored that the Family Court's role is to enforce the decree as per the agreed terms without delving into the merits of the agreement.
In their judgment, the Justices referred to several precedents, emphasizing the binding nature of consent decrees. The court also highlighted that the Family Court is empowered to deal with property issues between spouses, as stipulated in Section 7 of the Family Courts Act.
This decision reinforces the legal standing of mutual consent divorce settlements, particularly regarding property agreements, and underscores the expansive jurisdiction of Family Courts in executing such decrees. The judgment is expected to streamline divorce proceedings and reduce litigation by upholding the enforceability of mutual agreements.
Bottom Line:
Family Court has jurisdiction to execute a decree or order passed under mutual consent divorce, including terms related to property, without requiring a separate suit for specific performance.
Statutory provision(s): Family Courts Act, 1984 Section 7; Hindu Marriage Act, 1955 Sections 13B, 28A, 27; Civil Procedure Code, 1908 Order XXI Rule 34
Shivang Ashwinbhai Bhatt v. Mahima Shivang Bhatt, (Gujarat)(DB) : Law Finder Doc Id # 2836242
