Ritu Ramesh Lakhani Alias ... vs Deepak Chetandas Mahbubani
2023 Latest Caselaw 7098 Guj

                                                                                      NEUTRAL CITATION




     C/CRA/338/2022                                    ORDER DATED: 26/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL REVISION APPLICATION NO. 338 of 2022

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     RITU RAMESH LAKHANI ALIAS HARSHITA DEEPAK MAHBUBANI
                             Versus
                DEEPAK CHETANDAS MAHBUBANI
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Appearance:
MR SP MAJMUDAR(3456) for the Applicant(s) No. 1
SHASHVATA U SHUKLA(8069) for the Applicant(s) No. 1
for the Opponent(s) No. 1
PRITESH M SHAH(8405) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                  Date : 26/09/2023
                   ORAL ORDER

The challenge in the captioned writ petition, is the order dated 12.10.2021 passed by the learned Judge, Family Court no.2, Vadodara below Exh.10 in H.M.P. no.409 of 2018. Various submissions were made; however, the order does not contain reasons. The learned advocate for the petitioner, so also the learned advocate for the respondent, jointly submitted that the order may be quashed and set aside, as it does not contain the reasons and the matter be remitted to the Court below to take a decision afresh after hearing both the parties.

2. Heard the learned advocates appearing for the respective parties.

3. Pertinently, the application was filed by the respondent and the learned Judge, Family Court no.2, has passed an order below Exh.10. In the opinion of this Court, when submissions and counter submissions were made, the learned Judge, could not have passed

NEUTRAL CITATION

C/CRA/338/2022 ORDER DATED: 26/09/2023

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the order without dealing with the said submissions and judgments. Clearly, the order does not contain any reasons and therefore, on this limited ground, the order dated 12.10.2021 passed by the learned Judge, Family Court no.2, Vadodara below Exh.10 in H.M.P. no.409 of 2018, is quashed and set aside. The matter, is remitted to the concerned Court to decide the application afresh, after hearing both the parties. Let the concerned Court, decide the matter at the earliest.

4. Accordingly, the captioned Civil Revision Application, stands disposed of. No order as to costs.

(SANGEETA K. VISHEN,J) BINOY B PILLAI