Sandeepbhai Hirabhai Patel vs Renukaben Sandeepbhai Patel
2025 Latest Caselaw 5053 Guj

Gujarat High Court

Sandeepbhai Hirabhai Patel vs Renukaben Sandeepbhai Patel on 23 June, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                              NEUTRAL CITATION




                             C/CA/3271/2025                                   ORDER DATED: 23/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3271 of
                                                     2025
                                      In F/FIRST APPEAL NO. 15834 of 2025
                      ==========================================================
                                                SANDEEPBHAI HIRABHAI PATEL
                                                          Versus
                                               RENUKABEN SANDEEPBHAI PATEL
                      ==========================================================
                      Appearance:
                      MR DHARMESH R PATEL(5592) for the Applicant(s) No. 1
                      ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                 and
                                 HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA

                                                          Date : 23/06/2025

                                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. Essentially, this application is filed by the applicant under Section 5 of the Limitation Act for condoning the delay of 331 days in preferring the appeal against the judgment and order dated 11.03.2024 passed by the Principal Judge, Family Court, Modasa, in Civil Misc. Application No.01 of 2023. By which the Court, in exercise of its power under Section 6 of Hindu Minority and Guardianship Act, 1956, has passed the order, which provides for visitation rights to respondent-wife to a limited extent.

2. As the grievance raised by the applicant is with regard to subsequent event, where according to the applicant, respondent-wife

NEUTRAL CITATION

C/CA/3271/2025 ORDER DATED: 23/06/2025

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is not complying with the directions as found in the operative part of the order, for which the applicant has already initiated proceedings before the same forum.

3. At this stage, the Court is not inclined to entertain present application / Appeal.

4. At this stage, learned Advocate for the applicant seeks permission to withdraw the present application so as to enable the applicant to pursue his remedy before the Family Court, Modasa. Application, which is to be filed by the applicant to be decided expeditiously.

5. Permission as prayed for is granted. Present application / appeal stand disposed of as withdrawn with above liberty. Direct service is permitted.

(A.Y. KOGJE, J)

(NSSG,J) PARESH SOMPURA