PRATHAM SANJAY MAHENDRUversusCHINMAYI NARAYAN SAMAL
- Disposal
- 44-PARTLY ALLOWED @ FH
Holding
The High Court quashed the impugned order and remitted the matter to the Family Court to allow the appellant to produce fresh evidence.
Summary
The appellant, Pratham Sanjay Mahendru, filed a family suit seeking a declaration that his marriage was void under Section 12 of the Hindu Marriage Act. The Family Court dismissed the suit, finding that the appellant had not produced a marriage registration, witnesses, or any proof that the marriage was not solemnised according to custom. On appeal, the appellant relied on a recent decision of this Court (FA No.429 of 2026) that registration alone does not determine validity, and requested permission to produce fresh evidence. The High Court observed the deficiencies in the original evidence but accepted that the appellant might have new material, and therefore set aside the impugned order. The matter was remitted to the learned Family Court with liberty to consider any fresh evidence without being bound by the observations of this Court, and to decide the case as expeditiously as possible.
Issues considered
- Whether the dismissal of the suit seeking a declaration of nullity under Section 12 of the Hindu Marriage Act can be set aside and the matter remitted for fresh evidence.
- Whether registration of marriage and performance of Satpadi are essential for the validity of a Hindu marriage under the Act.
- Whether the appellant is entitled to a fresh hearing to produce additional evidence.
Legislation cited
- Hindu Marriage Acts. 12
Subjects
Judgment
C/FA/4123/2024 ORDER DATED: 23/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4123 of 2024
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PRATHAM SANJAY MAHENDRU
Versus
CHINMAYI NARAYAN SAMAL
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Appearance:
MR ASHISH B DESAI(5163) for the Appellant(s) No. 1
BAILABLE WARRANT UNSERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 23/07/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
By way of present appeal, the appellant – original plaintiff
challenges the judgment and decree dated 13/09/2024 passed in the
Family Suit No.1163 of 2023 by the learned Principal Judge, Family
Court, Vadodara, whereby the suit filed by the appellant herein
seeking to declare his marriage as null and void as per Section 12 of
the Hindu Marriage Act came to be dismissed.
2. Heard the learned Advocate Mr.Ashish B Desai appearing for
the appellant – original plaintiff.
3. Learned Advocate appearing for the appellant – original
plaintiff has invited attention of this Court to the recent decision
passed by this Court in FA No.429 of 2026 dated 23/03/2026;
whereby this Hon’ble Court has held that merely because the
registration of the marriage is done and the Satptipadi is not
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C/FA/4123/2024 ORDER DATED: 23/07/2026
performed as per the provisions of the Hindu Marriage Act, the
marriage is not valid. He would further submit that in view of such
position, the appellant – original plaintiff may be given an
opportutnity to produce afresh evidence before the learend Family
Court and for such purpose, he would request to remit back the
matter to the learened Family Court concerned with a liberty as
sought for.
4. Having heard the learned Advocte appearing for the appellant
and considering the findings recorded by the learned Family Court,
more particularly paragraph No.7.3 of the impugned order that the
appellant – plaintiff has neither produced any Memorandum of
registration of the marriage or any documents attached therewith;
nor the plaintiff has examined any person who remained as witness,
as well as, the defendant has not remained present and does not
support the fact that the marriage of the parties are not solemnized
as per the customs / rituals and also did not produce any
photographs of marriage and therefore, merely on the basis of the
averments made by the plaintiff that the marriage of the plaintiff is
not solemnized as per the rituals is not proved, this Court is of the
opinion that since the appellant – plaintiff intends to produce some
evidence afresh in support of his case, the request of the appellant
deserves consideration.
5. Accordingly, the impugned order is quashed and set aside to
the aforesaid extent only. The matter is remitted back to the learned
Family Court concerned; with a liberty to the appellant – original
plaintiff to produce the evidence afresh, if any, and the learned
Family Court shall upon production of fresh evidence, if any, by the
appellant-plaintiff decide the same in accordance with the law and
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C/FA/4123/2024 ORDER DATED: 23/07/2026
without being influenced by any of the observations made herein
above. Such exercise shall be done as early as possible.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
sompura
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 23/07/2026 17:03:54
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