Gujarat High Court
Patel Varshaben Hitendrakumar D/O ... vs Patel Hitendrakumar Shivrambhai on 7 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4750/2023 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4750 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/FIRST APPEAL NO. 4750 of 2023
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PATEL VARSHABEN HITENDRAKUMAR D/O BHUPATBHAI CHAUHAN
Versus
PATEL HITENDRAKUMAR SHIVRAMBHAI
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Appearance:
MR NIKHIL S VYAS(5663) for the Appellant(s) No. 1
MR HB CHAMPAVAT(6149) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 07/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is preferred against the judgment
and order dated 04.07.2023 by the learned Family Court,
Ahmedabad in Family Suit No. 838 of 2020. The original
proceedings were initiated by the respondent-husband
seeking a decree of dissolution of marriage under Section
13(1) of the Hindu Marriage Act. By the impugned
judgment and order, the Family Court had dissolved the
marriage solemnized between the parties on 21.02.2019
on the ground of cruelty.
2. Learned advocate for the appellant submitted that
the entire proceedings had proceeded ex-parte and
therefore, drew attention of this Court to para-4 of the
NEUTRAL CITATION
C/FA/4750/2023 ORDER DATED: 07/07/2025
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impugned judgment and order indicating that the wife had
not appeared before the Family Court. Learned advocate
has submitted that after the issuance of notice, the matter
was placed before the Mediation Center for a possible
settlement between the husband and wife however, the
same has been unsuccessful and therefore, the matter is
once again place. Learned advocate has drawn attention
of this Court to the pleadings in the appeal memo
indicating the reasons for which the appellant was
prevented from remaining present, attributing it to the
Nationwide Lockdown and the inability of the appellant to
co-ordinate with her advocate. It is submitted that the
appellant was also rendered helpless as she was not
residing with her husband and his family members and the
proceedings for maintenance and domestic violence which
she had initiated, there was no support from the husband
or his family. As a result of which, the appellant was
unable to remain present before the Family Court.
3. Today, learned advocate for the appellant has
assured that all necessary arrangements have been made
by the wife herself that she would now regularly attend
the proceedings before the Family Court.
4. As against this, learned advocate has mildly objected
to the grant of appeal contending that the appellant was
duly served with the notice of the Family Court and
thereafter, it was her responsibility to engage an advocate
NEUTRAL CITATION
C/FA/4750/2023 ORDER DATED: 07/07/2025
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and marked her presence before the Court and therefore,
the steps taken by the Family Court in her absence are
justified.
5. Heard learned advocates for the parties and perused
the documents placed on record. The marriage was
solemnized on 21.02.2019 and thereafter there appears to
be a separation after the period of 18 months allegedly
when the wife left the matrimonial home on 07.10.2019.
Thereafter, the suit came to be filed on 06.08.2020,
wherein the notice was issued, but was not responded by
the wife. The Court has accepted the submissions made
by learned advocate based on the pleadings, giving out
the reasons for her inability to co-ordinate with advocate a
to remain present in the Family Court and therefore,
accepting such absence, the Court deems it fit that an
opportunity should be given to the wife so as to represent
her case in entirity before the Family Court.
6. As the learned advocate has assured that even
before the Family Court the wife now regularly remain
prayer needs to be accepted. Accordingly, appeal is
allowed. The judgment and order dated 04.07.2023
passed by the learned Family Court No.4, Ahmedabad in
Family Suit No. 838 of 2020 is ordered to be quashed and
set aside. The parties are relegated back to the Family
Court No.4, Ahmedabad. The parties are directed to
remain present before the Family Court, Ahmedabad on
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C/FA/4750/2023 ORDER DATED: 07/07/2025
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31.07.2025. Both the learned advocates assure that both
the parties shall remain present before the Family Court
on 31.07.2025. Registry to transmit the case before the
Family Court.
7. In view of the order passed in main appeal, no orders
are required to be passed in the Civil Application.
Accordingly, the Civil Application stands disposed of.
(A.Y. KOGJE, J)
(NSSG,J)
SIDDHARTH
