PURVESH JITENDRAKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No. 1589 of 2017 has been filed challenging the judgment and decree dtd. 12/10/2017 passed by Family Court No. 6, Ahmedabad in Family Suit No. 832 of 2012, whereunder petition filed by appellant for dissolution of marriage solemnized between appellant and respondent on the ground of cruelty under sec. 13(1)(i-a) of the Hindu Marriage Act , 1955, came to be dismissed.

(2.) Registry has rightly raised an objection that it has to be treated as First Appeal in civil side. However, on account of learned advocate appearing for appellant having mentioned or classified the same as a Criminal Appeal, the Registry has intriguingly stated it cannot raise objection. When the provision of Law is clear and if an Appeal, Revision or petition is filed contrary to the provision of law, the Registry ought to raise an objection with regard to its maintainability and place it before Bench having roster for passing orders thereon. The Registry cannot feign incapability to raise an office objection on account of clarification made the learned advocate. There would be no impediment for the Registry to raise office objections when it deem fit and in such circumstances, the matter may be placed before the Court along with office objection which would enable the Court to pass such orders as it deems fit.

(3.) In the instant case, we have already noticed that Appeal is preferred challenging the judgment and decree passed by the Family Court dismissing the petition filed under sec. 13(1) (i-a) of Hindu Marriage Act , 1955, against which an Appeal lies under sub-sec. (1) of Sec. 19 of the Family Courts Act .