Sureshbhai Bavaljibhai Sanghani vs Hemanginiben Sureshbhai ...
2021 Latest Caselaw 1144 Guj

         C/FA/1243/2020                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1243 of 2020

                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                 In R/FIRST APPEAL NO. 1243 of 2020
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                 SURESHBHAI BAVALJIBHAI SANGHANI
                              Versus
                HEMANGINIBEN SURESHBHAI SANGHANI
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Appearance:
MR PAWAN A BAROT(6455) for the Appellant(s) No. 1
MR Y J PATEL(3985) for the Appellant(s) No. 1
for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                             Date : 25/01/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

ORDER IN FIRST APPEAL It was submitted by learned advocate Mr. Y.J. Patel for the appellant assailing the impugned judgment and decree of dissolution of the marriage that the respondent wife had earlier also instituted Family Suit No.17 of 2018 before the Family Court, Surendranagar for decree of divorce and that the said suit came to be dismissed by the Family Court on 20.11.2018. First Appeal No.383 of 2019 was preferred thereagainst and the same is pending before this Court.

It was submitted that respondent wife instituted another Family Suit No.1 of 2019 for the same relief for dissolution of the

C/FA/1243/2020 ORDER

marriage which came to be decreed by Court which is judgment and decree impugned in the present appeal. Factum of previous suit etc. has been suppressed by the respondent wife instituting the subsequent suit, it was submitted.

This First Appeal deserves to be admitted. Accordingly, the same is admitted.

The Registry shall call for record and proceedings from the Court concerned.

ORDER IN CIVIL APPLICATION

Heard learned advocate Mr. Y.J.Patel for the applicant.

In view of the above aspect emerging that the factum of earlier suit instituted by wife has been suppressed and subsequent suit was preferred by her and in the totality of the facts, impugned judgment and decree deserves to be stayed.

There shall be ad­interim in terms of 12(B) of the application.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi