Gujarat High Court
Kartikbhai Ramanbhai Dabhi vs Manishaben D/O Balubhai Parmar on 11 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/2463/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2463 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/FIRST APPEAL NO. 2463 of 2025
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KARTIKBHAI RAMANBHAI DABHI
Versus
MANISHABEN D/O BALUBHAI PARMAR
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Appearance:
MS NEHA C SHUKLA(6172) for the Appellant(s) No. 1
MR AMRISH K PANDYA(3219) 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 : 11/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the husband under Section
96 of the Civil Procedure Code read with Section 19 of the
Family Courts Act. The original proceeding is an application
under Section 7 of the Family Courts Act for dissolution of
marriage solemnized between the parties on 20-02-2009 and
declaring that the parties to the Family Suit ceased to be the
husband and wife.
2. Family Suit No.838 of 2023 was filed by the wife seeking
dissolution of marriage dated 20-02-2009 by customary
divorce prevailing in the society of the parties on the basis of
Divorce Deed executed on 20-08-2021, husband has
challenged the impugned judgment and order contending that
the appellant was not served with the notice of the Family
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C/FA/2463/2025 ORDER DATED: 11/09/2025
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Suit and therefore, an error is committed by accepting version
of the respondent-wife without there being any opportunity
for the appellant.
3. Learned Advocate for the appellant has submitted that
customary divorce deed was basis for dissolving the marriage,
but in fact as wife who had secured job as Junior Clerk in
Electric Company, has taken divorce and has remarried.
4. Along with the appeal, the Paper-book consisting of the
evidence recorded is also placed on record and today, when
the matter is taken up, copy of the Rojkam is also placed on
record to demonstrate that the service of notice of the Family
Suit cannot be treated as proper service.
5. As against this, learned Advocate for the respondent has
submitted that today the marriage stands dissolved and
husband has approached this Court by preferring present
Appeal, but as a matter of fact, husband himself had filed
HMP No.1270 of 2021 seeking divorce under Section 13 of
the Hindu Marriage Act, which was withdrawn on the basis of
compromise arrived at.
6. It is submitted that appellant-husband is in private
employment, whereas respondent-wife is in State employment
and after customary divorce, has remarried and is having
child out of second wedlock and therefore, with an oblique
motive to disturb her ongoing marriage life, present Appeal is
brought in.
7. As pleadings and evidence recorded are already placed
before us by way of paper book and considering the fact that
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C/FA/2463/2025 ORDER DATED: 11/09/2025
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pursuant to dissolution of marriage, respondent-wife has
remarried and any prolonging of the present Appeal would
affect settled married life of respondent-wife, with consent of
both the sides, the matter is taken up for final hearing at
admission stage.
8. It is the case where appellant and respondent's marriage
was solemnized on 20/02/2009, hence, since solemnization of
the above, respondent was possessing marital status being
wife of the appellant-husband. That during the marital span
with the appellant, respondent-wife has given birth to a
female child named Yagna on 10/07/2013, and as agreed
between both the parties to this suit, permanent custody of
daughter is with the respondent. The respondent and
appellant both belong to Schedule Castes and as per the
customs prevailing in their communities, both the parties to
this suit executed divorce deed dtd. 20/08/2021 [out of the
Court], and they got their divorce deed notarized before
A.T.Solanki, Notary.
8.1 Thus, as per the customs prevailing in the communities
of the present parties to this suit [executed between them] is
valid. The appellant has not challenged the above divorce
deed in any Courts of law, and in paragraph No. 8, parties to
this suit have mentioned in above divorce deed that none of
them will never do proceedings against each other, and if, any
proceedings be initiated by any of them, same will be treated
as nullified.
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8.2 The appellant filed H.M.P. No.1270/21 against present
respondent to get a divorce decree under section 13 (1-a) of
the Hindu Marriage, Act, 1955, but, thereafter in lieu of
divorce deed [executed between present parties out of the
Court as per the customs prevailing in their communities],
dtd. 20/08/2021, and hence, appellant has withdrawn the
aforementioned H.M.P.. As agreed between the appellant and
respondent, permanent custody of daughter Yagna was to be
kept with the respondent, and respondent is married at
present with another life partner.
8.3 Whereas, to get custody of daughter Yagna, appellant is
pressurizing upon the respondent, and appellant has also
made bogus application in Madhya Gujarat Vidhyut Co.Ltd.,
where the respondent is serving, and appellant is being tried
to bring on record that divorce deed [executed between them
out of the Court as per the customs prevailing in their
communities] is not valid, hence, respondent has filed Family
Suit No.838 of 2023, and, has prayed that in virtue of the
divorce deed executed between the respondent and the
appellant dtd.20/08/2021 as per the custom prevailing in their
society marriage solemnized between present parties dtd.
20/02/2009 is dissolved, and now, parties to this suit are
ceased to be husband and wife.
9. It is on record that the appellant had filed HMP No.1270
of 2021 under Section 13(1-a) of Hindu Marriage Act, wherein
it is pleaded that divorce has already taken place on 20-08-
2021, wherein prayer made was as under:
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"The applicant herein had the marriage registered
before the Registrar at Vadodara under Serial No. 401
on 12/01/2015, and thereafter, on 20/02/2009, the
marriage was solemnized with the respondent according
to Hindu rites and customs of the community.
Thereafter, on 20/08/2021, upon a Notary stamp paper
of Rs. 300/-, a deed of divorce in respect of the said
marriage was executed. Hence, it is prayed that an order
and decree for dissolution of the aforesaid marriage be
passed, and every relief of justice be granted in favour of
the applicant.."
10. Below such application, an order was passed on 11-02-
2023, wherein the Family Suit came to be disposed of on the
basis of compromise, thereby indicating that the parties have
also settled the matter and have separated and it is after this
once again the appellant has filed an appeal against the
judgment of the Family Court dissolving the marriage.
11. To the Court, it appears that on account of the
compromise arrived at in the HMP filed by the appellant
himself and the order passed on the basis of compromise that
the appellant did not remain present before the Family Court
in Family Suit No.838 of 2023, as a result of which, the family
suit was decreed, resulting in dissolution of the marriage on
the basis of divorce deed executed between the parties.
11.1 On basis of the compromise arrived at in the HMP for
divorce filed by the husband, on the basis of divorce deed
executed between the parties and on the basis of the
impugned judgment, it has come on record that the
respondent-wife has remarried. The child born out of this very
wedlock namely Yagna is in custody of the respondent-wife.
The daughter born out of the second wedlock is also in
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custody of the respondent-wife and it appears to the Court
that the present litigation is brought by the appellant only
with a view to interfere in the already settled life of the
respondent-wife, who is now a Government servant otherwise
so far there is nothing on record to indicate that the appellant
has aver taken responsibility of daughter Yagna, born out of
his wedlock with the respondent-wife.
12. The Court therefore, does not find any reason to
interfere with the decision rendered by the Family Court in
the impugned judgment and award. The appeal deserves to be
and the same is hereby dismissed.
13. In view of the order passed in the appeal, no order is
required to be passed in the Civil Application. Hence,
disposed of accordingly.
(A.Y. KOGJE, J)
(NSSG,J)
SIDDHARTH
