Leelaben Rameshchandra Chauhan vs Rameshchandra Hiralal Chauhan
2025 Latest Caselaw 6808 Guj

Gujarat High Court

Leelaben Rameshchandra Chauhan vs Rameshchandra Hiralal Chauhan on 19 September, 2025

                                                                                                            NEUTRAL CITATION




                               C/SA/220/2014                                ORDER DATED: 19/09/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                            R/SECOND APPEAL NO. 220 of 2014
                                                          With
                                       CIVIL APPLICATION (DIRECTION) NO. 1 of 2025
                                                           In
                                             R/SECOND APPEAL NO. 220 of 2014
                       ================================================================
                                            LEELABEN RAMESHCHANDRA CHAUHAN
                                                         Versus
                                             RAMESHCHANDRA HIRALAL CHAUHAN
                       ================================================================
                       Appearance:
                       MR YV BRAHMBHATT(206) for the Appellant(s) No. 1
                       Z L KHAN(7966) for the Respondent(s) No. 1
                       ================================================================
                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                        Date : 19/09/2025
                                                         ORAL ORDER

1. The present Second Appeal has been filed challenging the judgment and decree passed by 3rd Additional District Judge, Bhavnagar in Regular Civil Appeal No.84 of 1997, dated 23.06.2014, whereby the District Court has confirmed the judgment and decree in H.M.P. No.5 of 1991, passed by Assistant Judge, Bhavnagar, dated 24.10.1997.

2. The present Second Appeal has been admitted by the coordinate bench, vide order dated 25.11.2016 and substantial questions of law were framed. The present Second Appeal is challenged to the restitute proceedings filed by the appellant herein under Section 9 of Hindu Marriage Act.

3. Learned advocate for the appellant placed on record the Death Certificate of husband - Rameshchandra, who has expired on 09.05.2021 and an application has been filed being

NEUTRAL CITATION

C/SA/220/2014 ORDER DATED: 19/09/2025

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Civil Application No.1 of 2025 for family pension of the deceased. This Court while deciding the Second Appeal cannot decide the said family pension and the same can only be adjudicated by the appellant in proceedings and not in Second Appeal. Moreover, in view of the fact that it has come on record that the respondent has expired on 09.05.2021, nothing survives in the present Second Appeal.

4. In view of the said fact, the present Second Appeal is disposed of in view of the fact that the respondent has expired and no legal heirs are brought on record.

5. With respect to the family pension, the appellant can move appropriate application before the concerned. Court.

6. In view of the order passed in main matter, Civil Application does not survive and stands disposed of accodingly.

(SANJEEV J.THAKER,J)

Manoj Kumar Rai