Rekhaben W/O Gaurang D. Raval vs Gaurangbhai Dilipbhai Raval
2022 Latest Caselaw 551 Guj

      C/FA/1043/2017                             JUDGMENT DATED: 17/01/2022



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 1043 of 2017



FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.J.DESAI                                      Sd/-
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE                             Sd/-
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1     Whether Reporters of Local Papers may be allowed                 No
      to see the judgment ?

2     To be referred to the Reporter or not ?                          No

3     Whether their Lordships wish to see the fair copy                No
      of the judgment ?

4     Whether this case involves a substantial question                No
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                       REKHABEN W/O GAURANG D. RAVAL
                                   Versus
                        GAURANGBHAI DILIPBHAI RAVAL
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MS TEJAL K SHAH(2719) for the Appellant(s) No. 1
H N SEVAK(7580) for the Defendant(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
          and
          HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                        Date : 17/01/2022
                        ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

With the consent of learned advocates appearing for the respective parties, the appeal is taken-up for final hearing today.

2. By way of present appeal under Section 19 of the Family

C/FA/1043/2017 JUDGMENT DATED: 17/01/2022

Courts Act, the appellant - original respondent wife has challenged the judgment and order dated 3.9.2016 passed in Family Suit No.139 of 2013 by which the learned Judge, Family Court No.4, Ahmedabad has accepted the suit filed by the respondent husband under Section 9 of the Hindu Marriage Act and passed decree therein for restitution of conjugal rights.

3. Ms. Tejal K. Shah, learned advocate for the appellant would submit that before the respondent wife could file the written statement before the Family Court, the proceedings have been decided ex-parte. She, therefore, would submit that the judgment and order impugned may be quashed and set aside and the matter may be remanded for afresh consideration. She further submits that the written statement shall be filed in the said suit as early as possible and preferably within 60 days hereinafter.

4. Mr. H.N.Sevak, learned advocate for the respondent husband has opposed the appeal and submitted that the said suit was filed in the year 2013 and the judgment and order was passed in 2016, however, in the interregnum, no written statement had been filed. Hence, the appeal may be dismissed.

5. We have heard learned advocates appearing for the respective parties and perused the judgment and order.

6. It is an undisputed fact that the written statement has not come on record, however, the learned Family Court has accepted the case and relying only upon the say of the respondent herein, without discussing the case in detail and without examining the documents that may be produced and proved by the appellant -

C/FA/1043/2017 JUDGMENT DATED: 17/01/2022

original respondent wife, passed the impugned judgment and order. Hence, we are of the opinion that the impugned judgment and order is required to be quashed and set aside and the matter is required to be remanded. Therefore, following order is passed:-

6.1 The impugned judgment and order dated 3.9.2016 passed in Family Suit No.139 of 2013 by learned Family Court No.4, Ahmedabad, is hereby quashed and set aside. Consequently, the Family Suit No.139 of 2013 is revived.

6.2 The appellant - original respondent wife is hereby directed to file written statement within a period of 60 days from today before the learned Family Court.

6.3 The Family Court, Ahmedabad is hereby directed to hear and decide the suit afresh strictly in accordance with law and the matter shall be treated as pending since 2013.

6.4 A copy of this order shall be supplied to Ms.Tejal Shah, learned advocate who has appeared for the appellant - original respondent wife through the High Court, Legal Aid Committee.

With above observations and directions, the First Appeal is allowed and accordingly stands disposed of.

Sd/-

(A.J.DESAI, J)

Sd/-

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN