LAWS(GJH)-2023-2-308

JAYDIPBHAI DALSUKHBHAI MUNJAPARA Vs. PRANALI DIPAKBHAI LASHKARI

Decided On February 09, 2023
Jaydipbhai Dalsukhbhai Munjapara Appellant
V/S
Pranali Dipakbhai Lashkari Respondents

JUDGEMENT

(1.) The present First Appeal has been filed by the Appellant Husband - Original Respondent under Sec. 19 of the Family Court Act (for short "the Act") read with Sec. 96 of the Code of Civil Procedure (for short "the Code") challenging the judgment and order dtd. 5/2/2022 passed by the learned Principal Judge, Family Court, Bhavnagar below Application Exh.60 in Family Suit No. 180 of 2019 (hereinafter referred to as "the Family Suit"), by which the Application Exh.60 by which the Respondent Wife has sought permission to withdraw Family Suit filed by her for a decree of divorce was accepted and she was permitted to withdraw the Suit with a liberty to file another petition under Sec. 13 of the Hindu Marriage Act 1955.

(2.) It is the case of the Appellant that at the fag end of hearing of the Family Suit, the Family Court has permitted to file a fresh petition. He would submit that all the documentary evidences as well as depositions were recorded by the Family Court and it may come in the way in the subsequent proceedings which shall be filed by the Respondent Wife for decree of divorce under Sec. 13 of the Act.

(3.) On the other hand, learned Advocate Mr. Kuldeep D. Vaidya for the Respondent Wife - Original Appellant would submit that subsequent to the order of withdrawal, the present Respondent Wife has already filed an Application under Sec. 13 being Hindu Marriage Petition No. 33 of 2022 in the Court of Family Court at Bhavnagar. He would submit that the same is at the stage of hearing. He would submit that the Family Court has committed no error in accepting the Application Exh.60 submitted by the Respondent Wife, permitting her to withdraw the same considering the technical ground which may come in the way of the Original Petitioner - Wife seeking decree of divorce. He therefore submitted that the Appeal be dismissed.