Gujarat High Court
Jayeshbhai Kantibhai Patel vs Hiralben W/O Jayeshkumar Kantilal ... on 19 November, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/FA/2568/2021 ORDER DATED: 19/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2568 of 2021
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JAYESHBHAI KANTIBHAI PATEL
Versus
HIRALBEN W/O JAYESHKUMAR KANTILAL PATEL
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Appearance:
MR JINESH H KAPADIA(5601) for the Appellant(s) No. 1
HINA G PATEL(9679) for the Defendant(s) No. 1
MR KIRTIDEV R DAVE(3267) for the Defendant(s) No. 1
MR RAHUL K DAVE(3978) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 19/11/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. Mr.Karan Desai, learned Advocate appearing for Mr.Jinesh Kapadia, learned Advocate appearing for the appellant seeks permission to withdraw the captioned appeal. It is submitted that the appeal is filed against the order dated 26.02.2021 passed by the learned Principal Judge, Family Court, Himmatnagar in Hindu Marriage Petition no. 83 of 2017. It is submitted that application was filed under section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955") seeking restitution of conjugal rights. During the pendency of the appeal, Family Suit No. 2169 of 2024 was preferred by the respondent and the learned Judge, Family Court, Ahmedabad has passed order dated 13.02.2025. It is therefore urged that in view of the order dated 13.02.2025 passed in Family Suit No. 2169 of 2024, the captioned appeal would not survive.
2. In the captioned appeal the challenge is to the order dated 26.02.2021 passed by the Court below. The application Page 1 of 2 Uploaded by SINDHU NAIR(HC01395) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 23:12:39 IST 2025 NEUTRAL CITATION C/FA/2568/2021 ORDER DATED: 19/11/2025 undefined was preferred by the respondent under section 9 seeking restitution of conjugal rights which was allowed by the impugned judgment and the appellant was directed to take back the respondent. During the pendency of the captioned appeal, Family Suit No.2169 of 2024 was preferred by the appellant and the respondent under the provisions of section 13(B) of the Act of 1955. The Family Court, Ahmedabad has passed the order dated 13.02.2025 allowing the suit of which, the operative portion reads thus:] " ORDER (1) The petition is allowed as per the terms and conditions stated in the petitioner by the petitioners.
(2) The marriage of the petitioner no. 1 Hiralben D/o. Bhanuprasad Patel and Petitioner no. 2 Jayeshkumar Kantilal Patel from 23.11.2008 to this petition is hereby dissolved with effect from tehdate of tehdecree under Section 13(B) of the Hindu Marriage Act, 1955.
(3) The parties to bear their own costs.
(4) All the miscellaneous applications, if pending, also stands disposed of."
3. In view of the above, the request made by Mr. Karan Desai, learned Advocate, seeking withdrawal of the captioned appeal is acceded to. The captioned first appeal is disposed of as withdrawn. Interim relief granted earlier stands vacated. No order as to costs.
(SANGEETA K. VISHEN,J) (NISHA M. THAKORE,J) SINDHU NAIR Page 2 of 2 Uploaded by SINDHU NAIR(HC01395) on Thu Nov 20 2025 Downloaded on : Thu Nov 20 23:12:39 IST 2025