Krushna Prerak Dave vs Prerak Nimish Dave
2024 Latest Caselaw 1570 Guj

Gujarat High Court

Krushna Prerak Dave vs Prerak Nimish Dave on 20 February, 2024

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                  NEUTRAL CITATION




     C/LPA/182/2024                                ORDER DATED: 20/02/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 182 of 2024

            In R/SPECIAL CIVIL APPLICATION NO. 718 of 2024

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                       KRUSHNA PRERAK DAVE
                              Versus
                        PRERAK NIMISH DAVE
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Appearance:
PARTY IN PERSON(5000) for the Appellant(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                           Date : 20/02/2024

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Having heard Ms. Krushna Prerak Dave, the appellant-in- person, we find that the judgment and order dated 16.01.2024 passed by the learned Single Judge arising out of the proceedings under Section 13(1)(i-b) of the Hindu Marriage Act, 1955 for a decree of divorce, which was registered as Family Suit No. 68 of 2023. The challenge before the learned Single Judge was to the order passed by the Principal Judge, Family Court, Gandhinagar in rejecting the petition of the appellant herein as to the jurisdiction of the Family Court to try and decide the family suit.

2. It is evident that the judgment impugned passed in

NEUTRAL CITATION

C/LPA/182/2024 ORDER DATED: 20/02/2024

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exercise of the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India. For the aforesaid, the Letters Patent Appeal under Section 15 of the Letters Patent Act, is not maintainable in view of the decision in the case of Gujarat State Road Transport Corporation versus Firoze M. Mogal and Anr. Reported in 2013 SCC OnLine Guj 8638.

3. In view of the above, the appeal is dismissed as not maintainable. Pending application/s, if any, shall also stand disposed of.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.) AMAR SINGH