Maya D/O Hiraman Zippa Lokhande ... vs Suresh Dattu Bhadange
2021 Latest Caselaw 4122 Guj

          C/FA/897/2021                               ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 897 of 2021
                                 With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                   In R/FIRST APPEAL NO. 897 of 2021
=============================================
 MAYA D/O HIRAMAN ZIPPA LOKHANDE AND W/O SURESH BHADANGE
                           Versus
                 SURESH DATTU BHADANGE
=============================================
Appearance:
MS.P J.JOSHI(3888) for the Appellant(s) No. 1
T K GURNANI(7381) for the Defendant(s) No. 1
=============================================
 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
        and
        HONOURABLE MR. JUSTICE R.P.DHOLARIA
                      Date : 12/03/2021
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1.0. Heard Ms. P.J.Joshi, learned advocate for the appellant and Mr. T.K. Gurnani, learned advocate for the respondent.

2.0. By this appeal under Section 19 of Hindu Marriage Act the appellant­ original respondent has challenged the judgment and decree dated 29.04.2017 passed in Family Suit No.257 of 2015.

3.0. As pointed out by Ms. Joshi, learned advocate for the appellant that the learned Family Court has passed an ex­parte judgment and decree as the appellant could not and did not remain present. Mr. Gurnani, learned advocate for the respondent has candidly submitted that without assigning any reason, the impugned judgment and order be quashed and set aside and proceedings of Family Suit No. 257 of 2015 may be restored back to the file of the Family Court at Surat by remanding the

C/FA/897/2021 ORDER

proceedings.

4.0. In peculiar facts and circumstances arising in this appeal, we deem it fit to quash and set aside the impugned judgment and order dated 29.04.2017 only with a view to give one more opportunity to the appellant and the proceedings of Family Suit No. 257 of 2015 are restored back to the Family Court, Surat. Both the parties are also permitted to adduce any further evidence and parties to cooperate to the Family Court. In case, if the appellant fails to appear and / or cooperating the trial, it is open for the Family Court to proceed further on merits as the appeal was required to be filed because of the appellant did not and could not remain present before the Family Court at Surat. Even while allowing the appeal on the aforesaid ground, we deem that the appellant be saddled with the cost of Rs.1500/­ to be paid to the respondent. In view of the order passed in First Appeal, no orders are required to be passed in Civil Application and same stands disposed of.

5.0. The trial Court shall endeavor to conclude the proceedings of main Family Suit as expeditiously as possible without in any manner being influenced by the observations made in this order.

(R.M.CHHAYA, J)

(R.P.DHOLARIA, J) KAUSHIK J. RATHOD