Gujarat High Court
Vijaykumar Naginbhai Shrimali vs Varshaben W/O Vijaykumar Naginbhai ... on 21 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/2270/2025 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2270 of
2025
In R/FIRST APPEAL NO. 2598 of 2025
With
R/FIRST APPEAL NO. 2598 of 2025
With
R/CIVIL APPLICATION NO. 2697 of 2025
In
R/FIRST APPEAL NO. 2599 of 2025
With
R/FIRST APPEAL NO. 2599 of 2025
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VIJAYKUMAR NAGINBHAI SHRIMALI
Versus
VARSHABEN W/O VIJAYKUMAR NAGINBHAI SHRIMALI D/O MANILAL
BAROT
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Appearance:
MS.FALGUNI D.TRIVEDI(3912) for the Applicant(s) No. 1
RULE UNSERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 21/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application being Civil Application No.2270 of
2025 is essentially filed by the applicant for condoning the
delay of 99 days caused in preferring an appeal. The Court
had issued rule by an order dated 02.05.2025 and today
when the matter is taken up at the stage of delay, learned
counsel for the applicant has made a statement, under the
instructions, that the parties have amicably settled and
the applicant and the respondent have now reunited and
are now residing as husband and wife.
NEUTRAL CITATION
C/CA/2270/2025 ORDER DATED: 21/07/2025
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2. The applicant himself is present in the Court and is
identified by the learned advocate representing himself. In
view of the aforesaid development, delay of 99 days
caused in preferring the appeal against the judgment and
order dated 16.08.2024 passed in Family Suit No.1688 of
2022 is required to be condoned. Hence, the delay is
condoned. The Civil Application No.2270 of 2025 stands
disposed of. Rule is made absolute.
3. Upon the delay being condoned, Registry is directed
to number the First Appeal in due course.
4. The First Appeal No.2598 of 2025 is essentially
preferred by the husband against the judgment and order
dated 16.08.2024 passed in Family Suit No.1688 of 2022.
The Family Suit No.1688 of 2022 is a suit initiated by the
wife under Section 9 of the Hindu Marriage Act for the
restitution of conjugal rights.
5. Another appeal being First Appeal No.2599 of 2025,
which was filed alongwith the delay condonation
application for delay of 106 days caused in preferring the
appeal against the judgment and order dated 16.08.2024
passed in Family Suit No. 2716 of 2018. The Court had
issued rule by an order dated 24.06.2025 Considering the
submission made by learned advocate for the applicant in
connection with the subsequent development, delay of
106 days caused in preferring the appeal against the
NEUTRAL CITATION
C/CA/2270/2025 ORDER DATED: 21/07/2025
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judgment and order dated 16.08.2024 passed in Family
Suit No. 2716 of 2018 is ordered to be condoned. Hence,
the Civil Application No.2697 of 2025 stands disposed of.
Rule is made absolute.
6. Upon the delay being condoned, Registry is directed
to number the First Appeal in due course.
7. First Appeal No.2599 of 2025 is preferred by the
husband against the judgment and order dated
16.08.2024 passed by the Family Court No.1, Ahmedabad
in Family Suit No.2716 of 2018 being a First Appeal filed
under Section 13 of the Hindu Marriage Act by the
husband seeking divorce on the ground of cruelty.
8. By virtue of the subsequent development as stated
before the Court, under the instructions and by the
appellant, who is himself present in the Court, the First
Appeal No.2598 of 2025 is allowed by confirming the
judgment and order dated 16.08.2024 passed in Family
Suit No.1688 of 2022, whereas the First Appeal No.2599 of
2025 filed against the judgment and order dated
16.08.2024 passed in Family Suit No.2716 of 2018 stands
rejected.
(A.Y. KOGJE, J)
(NSSG,J)
SIDDHARTH
