Gujarat High Court
Ruchaben D/O Harkantbhai Oza vs Biren Chimanbhai Patel on 14 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4809/2023 ORDER DATED: 14/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4809 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In
R/FIRST APPEAL NO. 4809 of 2023
===========================================================
RUCHABEN D/O HARKANTBHAI OZA
Versus
BIREN CHIMANBHAI PATEL
===========================================================
Appearance:
MR ND NANAVATY, SENIOR ADVOCATE assisted by DR.ABHISST K
THAKER(7010) for the Appellant(s) No. 1
MR RIYAZ R PARMAR(11846) for the Defendant(s) No. 1
===========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 14/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This appeal is filed for following reliefs:-
"B. Be pleased to call for the Record and Proceedings of Family Suit no.1349 of 2023 from the Court of Family Court No.1 at Ahmedabad and after perusing the legality, validity and propriety of the same, be pleased to quash and set aside the judgment and decree dated 03.08.2023 passed below exhibit 17."
2. This is second round of litigation as earlier, common final order was passed between the same parties in Family Suit Nos.1291 of 2014 and 1400 of 2014, which reads as under:- Page 1 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:30:11 IST 2025
NEUTRAL CITATION C/FA/4809/2023 ORDER DATED: 14/07/2025 undefined "[1] The Family Suit No.1291 of 2014 filed by the wife-RUCHABEN W/o. BIRENKUMAR PATEL AND D/o. HARKANTBHAI OZA is hereby ordered to be allowed.
[2] The Family Suit No.1400 of 2014 filed by the husband-BIRENKUMAR CHIMANBHAI PATEL under Section 13(1) of the Hindu Marriage Act, 1955 is hereby ordered to be rejected.
[3] It is hereby ordered and declared that the Divorce Deed produced vide M-4/2 in Family Suit No.1291 of 2014 and which has been executed by and between the parties to both these petitions on dated 04/10/2011 before the Notary Public-Shri Harish Bhavaniwala (Registration No.NTR/600/2002) at the Serial No.466/2011, is void-ab-intio and it is not legal and valid document of dissolution of marriage between parties to these petitions."
[4] The husband-BIRENKUMAR CHIMANBHAI PATEL is hereby directed to pay the amount to the tune of Rs.25,000/- (Rupees Twenty-five Thousand Only) to the wife- RUCHABEN W/o. BIRENKUMAR PATEL AND D/o. HARKANTBHAI OZA towards the costs of the litigation.
[5] xxxxxx
[6] xxxxxx"
3. Thereafter, on account of issued between the husband and the wife, in furtherance to the aforesaid order, another petition being Family Suit No.1349 of 2023 came to be filed under Section 13(B) of the Hindu Marriage Act for decree of divorce by mutual consent, which came to be allowed by impugned order dated
03.08.2023.
Page 2 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:30:11 IST 2025
NEUTRAL CITATION C/FA/4809/2023 ORDER DATED: 14/07/2025 undefined
4. The main contention is with regard to para-3.2 of the impugned order, wherein there is a difference in the figure mentioned towards maintenance /permanent alimony. The wife having raised dispute post drawing of the final decree, learned Senior Advocate for the appellant-wife made a statement that the wife is ready to be relegated to an appropriate remedy before the same Court so that all the contentions of the wife can be raised before the said forum.
5. In view of the aforesaid statement being made, the appeal stands disposed of as being withdrawn so as to enable the wife to prefer appropriate proceedings before the same Family Court which has decreed Family Suit No.1349 of 2023. Upon such an application being made, the same be considered on its own merits as the Court has not entered into the merits of the case.
6. In view of the order passed in the main appeal, Civil Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 3 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Wed Jul 16 2025 Downloaded on : Wed Jul 16 22:30:11 IST 2025