High Court of Gujarat

AMRITABEN KIRITKUMAR CHINUBHAI BHAVSARversusDHARMESHKUMAR CHANDRAKANT NANDA (THAKKAR)

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: ILESH VORAR T VACHHANI

Holding

The Court granted permission to withdraw the appeal and disposed of both the appeal and the civil application as withdrawn.

Summary

The appellant, Amritaben Kiritkumar Chinubhai Bhasvar, filed a first appeal (No. 3098 of 2026) along with a civil application for stay. The appellant, through counsel Ms. Medha N. Pandya, indicated that she would not pursue the appeal and instead sought the Court's permission to pursue a divorce proceeding in accordance with law. The Court considered the request and granted permission to withdraw the appeal. Consequently, the appeal was disposed of as withdrawn, and the accompanying civil application for stay was also dismissed. No substantive merits of the divorce or stay were adjudicated, as the matter was procedural in nature.

Issues considered

Whether the appellant may be permitted to withdraw the appeal and seek a separate divorce remedy
Effect of withdrawal on the pending civil application for stay

Subjects

appeal withdrawaldivorcecivil applicationstayprocedural law

Judgment

           C/FA/3098/2026                                                                    ORDER DATED: 23/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO. 3098 of 2026
                            With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
             In R/FIRST APPEAL NO. 3098 of 2026
 =========================================
        AMRITABEN KIRITKUMAR CHINUBHAI BHAVSAR
                           Versus
    DHARMESHKUMAR CHANDRAKANT NANDA (THAKKAR)
 =========================================
 Appearance:
 MS MEDHA N PANDYA(6171) for the Appellant(s) No. 1
 =========================================
  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
         and
         HONOURABLE MR. JUSTICE R. T. VACHHANI

                                                 Date : 23/07/2026

                     ORAL ORDER
   (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


            Ms. Medha Pandya, learned advocate, upon instructions, does
 not press this appeal and seeks permission to file appropriate
 remedy for getting divorce in accordance with law.
            Permission as sought for is granted. With the aforesaid
 permission the appeal is disposed of as withdrawn. The Civil
 Application is also disposed of accordingly.



                                                                                                 (ILESH J. VORA,J)



                                                                                            (R. T. VACHHANI, J)
 Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 23/07/2026 18:28:35




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