Patel Daxeshkumar Mukeshbhai vs Patel Shreya Rajeshkumar
2021 Latest Caselaw 13500 Guj

    C/SCA/12668/2021                              ORDER DATED: 06/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 12668 of 2021

==========================================================
                       PATEL DAXESHKUMAR MUKESHBHAI
                                   Versus
                         PATEL SHREYA RAJESHKUMAR
==========================================================
Appearance:
MR AMIT N CHAUDHARY(5599) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                              Date : 06/09/2021

                               ORAL ORDER

By preferring present petition, the petitioner has made following prayers:

A) YOUR LORDSHIPS may be pleased to issue direction /clarification/ modification of judgment & decree dated 28/01/2021 passed by the Principal senior civil judge, Sabarkantha in HMP 15 of 2020 that marriage of the petitioner & respondent dissolved & relieve from their marital tie from 25/01/2020 by customary deed of divorce and thereby they were legally free to re-marry as per their wish. B) Pending the hearing and final disposal of the petition Your Lordships may be pleased to modified judgment & decree dated 28/01/2021 passed by the Principal senior civil judge, Sabarkantha in HMP 15 of 2020 & declared that marriage of the petitioner & respondent dissolved & relieve from their marital tie from 25/01/2020 by customary deed of divorce and thereby they were legally free to re-marry as per their wish.

C/SCA/12668/2021 ORDER DATED: 06/09/2021

C) Your Lordships pe pleased to pass any other and further order as may bee deemed fit in favour of the petitioners. D)Your lordships be please to dispense the affidavit of the petitioner due to Covid-19 situation in state of Gujarat. Heard learned advocate for the petitioner.

Having heard learned advocate for the petitioner, it appears that learned Principal Senior Civil Judge, Sabarkantha at Prantij granted the petition ie., HMP No. 15 of 2020 declaring that marriage of the petitioner as dissolved by mutual deed of divorce under Section 13(B)(1) and (2) of the Hindu Marriage Act.

As per the submissions made by learned advocate for the petitioner that before passing the impugned judgment and decree by the trial court, the petitioner has made another marriage on 10.11.2020 at Mahakali Temple, Sanpad . Hence, as such, their wedlock was virtually become a deadlock as observed by the learned Trial Court.

Considering the prayer made by the present petitioner, prima facie, as the marriage of the petitioner and respondent was dissolved by the judgment and decree dated 28 th January 2021, the modification of the the date of the judgment as prayed by the petitioner cannot be considered by this Court.

On a request being made by learned advocate for the petitioner, the petitioner is permitted to approach the learned

C/SCA/12668/2021 ORDER DATED: 06/09/2021

Principal Senior Civil Judge, Prantij at Sabarkantha, who has passed the judgment and decree on 28th January 2021, for modification of the date of judgment as prayed before this Court.

With these observations, present petition stands disposed of.

(B.N. KARIA, J) K. S. DARJI