Gujarat High Court
Arvindkumar @ Manish Maganlal Chelaji ... vs Hemlataben D/O. Lilaramji Sohanlaji ... on 12 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/MCA/1325/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 1325 of 2025
In R/FIRST APPEAL NO. 2572 of 2023
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ARVINDKUMAR @ MANISH MAGANLAL CHELAJI MALVI
Versus
HEMLATABEN D/O. LILARAMJI SOHANLAJI MALAVIYA
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Appearance:
MR R.K.MANSURI(3205) for the Applicant(s) No. 1
MR D S GADHVI(11310) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 12/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed for following reliefs:-
"(A) THIS HON'BLE COURT MAY BE PLEASED TO recall the order dated 19.01.2024 passed by this Hon'ble Court (Annexure-A) and thereby, revive the First Appeal No.2572 of 2023 alongwith the Civil Application No.1 of 2023, in the interest of justice."
2. It appears that based on a settlement arrived at between the parties, this Court had passed an order dated 19.01.2024, by which on the terms of settlement, decree of divorce passed by the Principal Judge, Family Court, Himatnagar in Family Suit No.8 of 2020 dated 28.11.2022 was quashed and set aside.
3. It is the case of the applicant before this Court that after quashing of the judgment and order of the Family Court on the basis of the settlement, the parties were Page 1 of 3 Uploaded by SIDDHARTH(HC01065) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:33:58 IST 2025 NEUTRAL CITATION C/MCA/1325/2025 ORDER DATED: 12/09/2025 undefined required to comply with the terms of the settlement. However, the respondent-wife herein has not complied with the terms and conditions and therefore, as per the liberty reserved in one of the clauses of the terms of settlement, present application is moved.
4. This Court had issued notice making it returnable on 08.08.2025 permitting direct service. Learned advocate for the applicant, under the instructions, states that the direct service was sought to be effected however, later on the wife has refused the accept the same.
5. In view of the aforesaid, the refusal amounting to good service, the Court is inclined to proceed ahead as there is clear cut allegations made on affidavit that consent terms are not being complied with.
6. As per order dated 19.01.2024, parties were required to comply with the conditions, particularly condition Nos.(F) and (G), which would read as under:-
"(F) Both the parties agreed that they will start resuming staying to together only after all the cases filed by them against each other are withdrawn and also after the appeal is allowed and decree of divorce is quashed.
Both the parties agreed to extend necessary co- operation to each other for resolution of all cases.
(G) The parties agree to withdraw all allegation/application/cases/complaints made by them against each other and their family members, in relation to this matrimonial alliance and they will not press for their respective prayers passed in them. In case of breach of terms both the parties shall have the liberty to revive/press their respective applications and claims/orders made in them"
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7. In para-5 of the application, it is averred that the respondent-wife is in breach of the aforesaid two conditions and in para-5 it is stated on affidavit as under:-
"5. The applicant respectfully states and submits that from the date of marriage i.e. 28.01.2013 till date of divorce decree i.e. 28.11.2022 the respondent-wife was reside at matrimonial home with the applicant-husband only around one month. As per the order of this Hon'ble Court and as per the consent terms, the respondent wife has to reside with the applicant but she is not ready and willing to reside with the applicant. Therefore, there is a breach of settlement deed and as per the settlement clause "G" wherein liberty is given to parties to revive the applicant, the First Appeal No. 2572 of 2022 is required to be revives and judgment and decree passed by the Learned Family Court is required to be restored, in the interest of justice."
8. In view of the aforesaid and in view of the liberty reserved in Clause-G of the order dated 19.01.2024, the Court is left with no option but to recall the order dated 19.01.2024 and restore First Appeal No.2572 of 2023.
9. With the aforesaid, the application is allowed. First Appeal No.2572 of 2023 is hereby restored on the record. Registry is directed to notify the appeal in due course.
(A.Y. KOGJE, J) (NISHA M. THAKORE,J) SIDDHARTH Page 3 of 3 Uploaded by SIDDHARTH(HC01065) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:33:58 IST 2025