Raviraj Babubhai Solanki vs Anita W/O Raviraj Solanki D/O ...
2025 Latest Caselaw 6216 Guj

Gujarat High Court

Raviraj Babubhai Solanki vs Anita W/O Raviraj Solanki D/O ... on 1 September, 2025

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                                              NEUTRAL CITATION




                             C/FA/2944/2025                                    ORDER DATED: 01/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/FIRST APPEAL NO. 2944 of 2025

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                                          RAVIRAJ BABUBHAI SOLANKI
                                                    Versus
                               ANITA W/O RAVIRAJ SOLANKI D/O SATISHBHAI BHATI
                      ==========================================================
                      Appearance:
                      MR VIRAL V DAVE(3846) for the Appellant(s) No. 1
                      ==========================================================

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

                                                        Date : 01/09/2025

                                                  ORAL ORDER

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

1. The present appeal is filed by challenging the judgment and order dated 25.04.2025 passed below exh. 40 rendered in Family Suit No. 369/2021 passed by learned Family Court No. 2, Rajkot.

2. When the matter is taken up, it is coming on record that the appellant has moved the Family Suit on the ground of desertion however, the period of two years had not lapsed and therefore, the finding was given by the learned Family Court in the impugned judgment and order that the continuous period of desertion was not more than two years immediately preceding the presentation of the petition, the family suit was dismissed.

3. At this stage, learned Advocate for the appellant seeks permission to withdraw the present appeal so as to enable the

NEUTRAL CITATION

C/FA/2944/2025 ORDER DATED: 01/09/2025

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appellant to move the family suit as according to him as on date the desertion is of the period of 5 years. If that be so, appellant is at liberty to move afresh Family Suit on the ground now or before us and the learned Family Court will consider the same on its own merits without being influenced by the findings given in the previous Family Suit No. 369/2021, particularly with regards to the period of desertion.

4. Accordingly, present appeal is disposed of as withdrawn.

(A.Y. KOGJE, J)

(NSSG,J) Mehul Desai