Devendrakumar Narayanlal Kalal vs Preeti W/O Devendra Kalal And D/O ...
2021 Latest Caselaw 18624 Guj

     C/FA/1312/2021                                 ORDER DATED: 21/12/2021



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 1312 of 2021
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            DEVENDRAKUMAR NARAYANLAL KALAL
                             Versus
  PREETI W/O DEVENDRA KALAL AND D/O MOHANLAL KALAL
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Appearance:
MR. RAJAN J PATEL(6775) for the Appellant(s) No. 1
N J MEVADA(9058) for the Appellant(s) No. 1
MR ASHUTOSH S DAVE(8865) for the Defendant(s) No. 1
MR JYOTINDRASINH J VALA(10975) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
         and
         HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                             Date : 21/12/2021
                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1) This first appeal is at the instance of the original plaintiff-husband and is directed against the judgment and order passed by the Family Court No. 6 at Ahmedabad dated 06.01.2020 dismissing the Hindu Marriage Petition (Family Suit No. 2068 of 2014) for non-prosecution.

2) If the family suit has been dismissed for default, we fail to understand how an appeal would lie before this High Court under Section 19 of the Family Courts Act, 1984 ( "the Act, 1984", for short). Section 10 of the Act, 1984 makes the provision of Civil Procedure Code, 1908 applicable to the proceedings in the Family Court.

3) We dispose of this appeal with liberty to the appellant-husband to apply with the family court for restoration of the family suit dismissed for default in accordance with law. If, any such application is filed, the Family Court shall look into the same expeditiously and pass an appropriate order in

C/FA/1312/2021 ORDER DATED: 21/12/2021

accordance with law.

4) We clarify that we have otherwise not expressed any opinion on the merits of the case.

(J. B. PARDIWALA, J)

(NIRAL R. MEHTA,J) VISHAL MISHRA