Arvindbhai Vanmalidas Bhatt vs Lh Of Vanmali Girjashankar Bhatt, ...
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Gujarat High Court

Arvindbhai Vanmalidas Bhatt vs Lh Of Vanmali Girjashankar Bhatt, ... on 29 July, 2025

                                                                                                             NEUTRAL CITATION




                               C/SCA/517/2022                                ORDER DATED: 29/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 517 of 2022
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                                            ARVINDBHAI VANMALIDAS BHATT & ORS.
                                                                 Versus
                           LH OF VANMALI GIRJASHANKAR BHATT, MAHESH VANMALIDAS BHATT & ORS.
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                        Appearance:
                        MR AR PATEL(5838) for the Petitioner(s) No. 1,2,3,4,5,6
                        NOTICE SERVED for the Respondent(s) No. 1,2,3,4,5,6
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                          CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                      Date : 29/07/2025

                                                        ORAL ORDER

1. Heard learned advocate Mr. A.R. Patel for the petitioners. Though served, none appeared on behalf of the respondents.

2. The present writ application is filed under Article 227 of the Constitution of India seeking following relief :-

"(A) This Hon'ble Court may be pleased to admit this Special Civil Application;

(B) This Hon'ble Court may be pleased to allow this Special Civil Application by quashing and setting aside the impugned judgment and order passed below application Exh. 28 in R.C.S. No. 160 of 2019 by Ld. 6th Additional Senior Civil Judge, Jamnagar on 12/10/2021 in the interest of justice;

(C) Pending hearing and final disposal of this Special Civil Application, this Hon'ble Court may stay the operation and implementation and execution of the impugned judgment and order below application Exh. 28 in R.C.S. No. 160 of 2019 by Ld. 6th Additional Senior Civil Judge, Jamnagar on 12/10/2021;

NEUTRAL CITATION

C/SCA/517/2022 ORDER DATED: 29/07/2025

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(D) This Hon'ble Court may be pleased to pass such other and further order as the nature and circumstances of the case may be required."

3. At the outset, learned advocate Mr. Patel for the petitioners would submit that respondent No.2- Ushaben herein claiming to be wife of the late Harsukhbhai Vanmalidas, is in-fact not legally wedded wife, but there was a divorce took place between Harsukhbhai Vanmalidas and respondent No.2.

3.1 Learned advocate for the petitioners is placing reliance the judgment and consent decree passed by the Principal Judge, Family Court, Rajkot in Family Suit No. 65 of 2010 dated 07.05.2010. Nonetheless, he candidly submit that copy of such judgment and decree was not placed before the trial Court when the impugned order came to be passed. As such, this Court can not find fault with the order passed by the trial Court as such vital evidence was not brought to the notice of the trial Court but at the same time, prima-facie, it appears that there was a judgment and consent decree passed by the trial Court, thereby, it would be doubtful as to whether respondent No.2 can be still considered as legally wedded wife of late Harsukhbhai Vanmalidas.

4. This Court would have considered as aspect in detail but as non appears for the respondents, it would not be appropriate to decide such aspect without giving opportunity

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C/SCA/517/2022 ORDER DATED: 29/07/2025

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to the other side. So, in view of the aforesaid, it would be appropriate that let such aspect be decided again by the trial Court in the light of the aforesaid judgment and decree passed by the Family Court, Rajkot.

5. In view of the aforesaid, the impugned judgment and decree dated 12.10.2021 passed by the 6 th Additional Senior Civil Judge, Jamnagar below Exh. 28 in Regular Civil Suit No. 160 of 2019 is hereby quashed and set aside. Consequently, the impugned application filed below Exh. 28 in the aforesaid suit is hereby restored back in its file. It is open for the petitioners herein to file certified copy of the judgment and consent decree dated 07.05.2010 passed by the Family Court, Rajkot in Family Suit No. 65 of 2010 in support of impugned application. After giving opportunity of hearing to all the parties concerned, the trial Court is hereby directed to decide the impugned application afresh in accordance with law.

6. In view of the aforesaid, the present writ application is partly allowed to the aforesaid extent.

Direct service is permitted.

(MAULIK J.SHELAT,J) SALIM/