Gujarat High Court
Ruchaben D/O Harkantbhai Oza vs Biren Chimanbhai Patel on 14 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4809/2023 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4809 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In
R/FIRST APPEAL NO. 4809 of 2023
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RUCHABEN D/O HARKANTBHAI OZA
Versus
BIREN CHIMANBHAI PATEL
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Appearance:
MR ND NANAVATY, SENIOR ADVOCATE assisted by DR.ABHISST K
THAKER(7010) for the Appellant(s) No. 1
MR RIYAZ R PARMAR(11846) 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 : 14/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This appeal is filed for following reliefs:-
"B. Be pleased to call for the Record and Proceedings
of Family Suit no.1349 of 2023 from the Court of
Family Court No.1 at Ahmedabad and after
perusing the legality, validity and propriety of the
same, be pleased to quash and set aside the
judgment and decree dated 03.08.2023 passed
below exhibit 17."
2. This is second round of litigation as earlier, common
final order was passed between the same parties in Family Suit
Nos.1291 of 2014 and 1400 of 2014, which reads as under:-
NEUTRAL CITATION
C/FA/4809/2023 ORDER DATED: 14/07/2025
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"[1] The Family Suit No.1291 of 2014 filed by the
wife-RUCHABEN W/o. BIRENKUMAR PATEL
AND D/o. HARKANTBHAI OZA is hereby ordered
to be allowed.
[2] The Family Suit No.1400 of 2014 filed by the
husband-BIRENKUMAR CHIMANBHAI PATEL
under Section 13(1) of the Hindu Marriage Act,
1955 is hereby ordered to be rejected.
[3] It is hereby ordered and declared that the Divorce
Deed produced vide M-4/2 in Family Suit No.1291
of 2014 and which has been executed by and
between the parties to both these petitions on
dated 04/10/2011 before the Notary Public-Shri
Harish Bhavaniwala (Registration
No.NTR/600/2002) at the Serial No.466/2011, is
void-ab-intio and it is not legal and valid
document of dissolution of marriage between
parties to these petitions."
[4] The husband-BIRENKUMAR CHIMANBHAI
PATEL is hereby directed to pay the amount to
the tune of Rs.25,000/- (Rupees Twenty-five
Thousand Only) to the wife- RUCHABEN W/o.
BIRENKUMAR PATEL AND D/o. HARKANTBHAI
OZA towards the costs of the litigation.
[5] xxxxxx
[6] xxxxxx"
3. Thereafter, on account of issued between the husband
and the wife, in furtherance to the aforesaid order, another petition
being Family Suit No.1349 of 2023 came to be filed under Section
13(B) of the Hindu Marriage Act for decree of divorce by mutual
consent, which came to be allowed by impugned order dated
03.08.2023.
NEUTRAL CITATION
C/FA/4809/2023 ORDER DATED: 14/07/2025
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4. The main contention is with regard to para-3.2 of the
impugned order, wherein there is a difference in the figure
mentioned towards maintenance /permanent alimony. The wife
having raised dispute post drawing of the final decree, learned
Senior Advocate for the appellant-wife made a statement that the
wife is ready to be relegated to an appropriate remedy before the
same Court so that all the contentions of the wife can be raised
before the said forum.
5. In view of the aforesaid statement being made, the
appeal stands disposed of as being withdrawn so as to enable the
wife to prefer appropriate proceedings before the same Family
Court which has decreed Family Suit No.1349 of 2023. Upon such
an application being made, the same be considered on its own
merits as the Court has not entered into the merits of the case.
6. In view of the order passed in the main appeal, Civil
Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J)
(NSSG,J)
SHITOLE
