Gujarat High Court
Jankiben Narendrabhai Trivedi vs Gaurangbhai Dalsukhbhai Pandya on 3 October, 2025
NEUTRAL CITATION
C/SCA/17293/2017 JUDGMENT DATED: 03/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17293 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
✓
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JANKIBEN NARENDRABHAI TRIVEDI
Versus
GAURANGBHAI DALSUKHBHAI PANDYA
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Appearance:
ATULKUMAR P KAMDAR(8164) for the Petitioner(s) No. 1
MR UMANG R VYAS(5595) for the Petitioner(s) No. 1
MR JIGAR G GADHAVI(5613) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 03/10/2025
ORAL JUDGMENT
1. The present petition is filed under Article 227 of the
Constitution of India seeking the following reliefs.
"(A) That this Hon'ble Court may pleased to issue appropriate
writ, order or direction in the nature of certiorary or any other
appropriate writ, order or direction quashing and setting aside the
impugned order dated 19th August 2017 passed by learned Judge,
Family Court, Bhavnagar below application exhibit 12 in Family Suit
No.272 of 2013 and be pleased to allow the application vide Ex.12 as
prayed for;
(B) Pending admission, hearing and final disposal of the
petition, an interim direction may kindly be granted staying the
proceedings of Family Suit No.272 of 2013 pending before the court
of the learned Judge, Family Court, Bhavnagar.
(C) *****."
NEUTRAL CITATION
C/SCA/17293/2017 JUDGMENT DATED: 03/10/2025
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2. Heard learned Senior Advocate Mr. B.B. Naik with
learned advocate Mr. Umang R. Vyas for the petitioner and
learned advocate Mr. Parthiv mehta with learned advocate Mr.
Jigar G. Gadhavi for the respondent.
3. When the matter was taken up for hearing, learned
advocates for the respective parties have come to a consensus
that without entering into the merits of the case, the present
matter may be remanded back to the learned Family Court for
ajudication of an application under Section 24 of the Hindu
Marriage Act for determining the income of respondent-husband
for the period between 2012 to 19.08.2017, the day on which the
order below Exhibit-12 came to be passed by learned Family
Court.
4. Having considered the submissins made by learned
advocates for the respective parties, more particularly,
considering the consensus arrived at between the parties to
remand back the hearing of the interim application Exhibit-12
NEUTRAL CITATION
C/SCA/17293/2017 JUDGMENT DATED: 03/10/2025
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afresh, the impugned judgment and order dated 19.08.2017
passed by learned Family Judge, Family Court, Bhavnagar in
Family Suit No.272 of 2013 is hereby quashed and set aside
with a direction to decide the application afresh on the aspect of
income of respnodent-husband herein from 2012 to 19.08.2017.
It is also made clear that both the parties are permitted to lead
documentary evidence in support of their contentions and the
contentions and rights of both the parties are left open for its
determination. Learned Family Court shall not be influenced by
any of the orders passed by the learned Family Court below
Exhibit-12, and orders passed by this Court dated 05.12.2018
and 07.02.2020 and shall decide the issues independently by
considering the evidence of both the sides.
5. It is also made clear that this Court has not gone into the
merits of the case. It is also expected by this Court that hearing
of Exhibit-12 application shall be completed within a period of
three months from the date of receipt of this order. Learned
NEUTRAL CITATION
C/SCA/17293/2017 JUDGMENT DATED: 03/10/2025
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Family Court shall keep in mind the orders dated 10.05.2019
and 12.01.2021 passed by the Hon'ble Apex Court which shall
be placed on record by either side. It is also made clear that
interim arrangement pursuant to order dated 05.12.2018 is not to
be implemented since the issue has been remanded back to the
learned Family Court. Accordingly, the present petition stands
allowed. Rule is made absolute.
(D. M. DESAI,J)
RINKU MALI
