Gujarat High Court
Arjun Nareshbhai Raval vs Sachi Arjun Raval on 15 March, 2021
Bench: Gita Gopi
C/MCA/136/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 136 of 2021
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ARJUN NARESHBHAI RAVAL
Versus
SACHI ARJUN RAVAL
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Appearance:
MR ASHISH B DESAI(5163) for the Applicant(s) No. 1
for the Opponent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 15/03/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The applicant and the opponent herein have preferred the
Family Suit No. 949 of 2016 for obtaining decree of divorce by
mutual consent under Section 13(B) of the Hindu Marriage Act.
The judgment and decree came to be passed on 01.04.2017.
Later on, the dispute had arisen as the opponent has preferred
an application under Section 26 of the Hindu Marriage Act
seeking modification of the concerned decree.
2. The petitioner is before this Court as according to him,
certain directions issued by the Court have not been abided by.
There are three to four applications pending before the Family
Court. He is mainly here as the right of visitation is in hamper in
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the process and he has not seen his child for more than three
years. He has approached this Court under the Contempt of
Courts Act with the following prayers: -
"(A) Your Lordships may be pleased to admit and
allow this application.
(B) Your Lordships may be pleased to hold and
declare that the opponent (respondent) herein is
guilty of willful disobedience, violation and
overreaching of the order dated 01/04/2017 passed
in Family Suit No. 949 of 2016 and is therefore, liable
to be punished under the provisions of Contempt of
Courts Act, 1971 and further be pleased to send
Respondent to civil prison and be pleased to direct
the opponent to act upon Order dated 01/04/2017
passed in Family Suit No. 949 of 2016.
(C) During the pendency and final disposal of the
present application, Your Lordships be pleased to
direct the opponent to allow the applicant and his
family members to have visitation and other rights as
agreed between them and narrated in the petition,
order and affidavits Exh -12 and 13.
(D) Your Lordships may be pleased to award the
cost of the present application to the applicant.
(E) Any other relief deemed just and proper may
please be granted in the interest of justice. "
3. After hearing learned advocate Mr. Ashish Desai appearing
for the applicant and noticing the fact that the Execution
Petition being No. 85 of 2019 is pending before the Family Court,
Ahmedabad along with other applications of modification by the
opponent and the application to initiate actions for forgery by the
present applicant being C.M.A. No. 100 of 2017, we find
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appropriate not to entertain this application and relegate the
parties to the Family Court as the functioning of the Family
Court has initiated.
4. We are of the opinion that the parties since are already
before the Family Court, it would be appropriate for us to direct
the Family Court to decide all the issued within a period of four
(4) months.
5. While so doing, after hearing the other side, who is not
before this Court, the Court shall also attempt to address the
issue of the applicant of allowing the right of visitation of his
daughter who has not met for more than three years.
6. We are not deciding the chronology of the pending
applications and some other applications, if are eventually
moved and yet the right of visitation can surely be looked into by
the Court for the specific direction of the Family Court itself.
7. None of the observations shall prejudice the right of the
either side as we deemed it appropriate without issuance of
notice and opportunity of hearing, to relegate the parties to the
Family Court.
8. If the Court, on hearing, also choose to allow the parties to
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meet the child, let that be in presence of the responsible officer
at Mediation Centre.
9. With the above, this application stands disposed of. Direct
service is permitted.
(SONIA GOKANI, J)
(GITA GOPI,J)
Bhoomi
