JAMILBHAI FIROZBHAI VAHORA Vs. ILMA IRFANBHAI VAHORA

JUDGEMENT

(1.) The captioned appeal is preferred under Sec. 19 of the Family Courts Act, 1984 (hereinafter to referred as "the Act of 1984") by the husband-appellant herein through the power of attorney holder, who is his father, seeks to challenge the judgment and order dtd. 22/2/2024 (hereinafter to be referred as "the impugned judgment and order") passed by the learned Principal Judge, Family Court, Nadiad in Family Suit No.252 of 2023. By the said impugned judgment and order, the learned Family Judge, has dismissed the application preferred by the plaintiff-husband under Sec. 7 of the Act of 1984, read with Sec. 34 of the Specific Relief Act, 1963 (hereinafter to be referred as the "the Act of 1963"), praying for declaration of divorce against the respondent- wife, on the ground that their marriage has been dissolved, in view of the mutual divorce deed executed freely and voluntarily on 20/6/2022, in the presence of two witnesses.

(2.) Before adverting to the merits of the case, it would be appropriate to record the relevant facts of the case for the purpose of the appreciation of the case;

(3.) Considering the grounds raised in the appeal, the Co- ordinate Bench, vide order dtd. 20/6/2025, had issued notice for final disposal, whereby liberty was given to the appellant-husband to serve the respondent-wife by way of publication of such notice in the local vernacular newspaper. On submission of the learned advocate for the appellant, about the notice being duly published in the newspaper, this Court has accepted it as a valid service and, in the absence of the respondent-wife, had admitted the appeal vide order dtd. 18/7/2025. Subsequently, an affidavit was tendered on behalf of the appellant together with various documents, including the new passport of the respondent-wife, the divorce certificate issued by Darul Quza under the All India Muslim Personal Law Board situated at Ahmedabad and the Nikah Nama dtd. 1/1/2024, indicating the second Nikah of the respondent-wife. It was submitted that after her second marriage, her name in the passport has also been changed, wherein, instead of husband's name, the name of father is incorporated.