DHARATIBEN W/O JAYDEEPBHAI BAGASADIYA D/O MUKESHBHAI VALLABHBHAI PATELversusJAYDEEPBHAI SUBHASHCHANDRA BAGASADIYA
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- C DOSHI
Holding
The petition is withdrawn and disposed of; the High Court does not opine on the merit of the impugned order and directs the Family Court to decide the suit within nine months.
Summary
The petitioner, Dharatiben, filed a special civil application seeking withdrawal of her petition while requesting that the pending suit in the Family Court be expedited because the order under section 24 of the Hindu Marriage Act can only be challenged on appeal. The learned counsel submitted that the Family Court should decide the suit on its merits within nine months and not be influenced by the impugned order. The High Court noted that it had not expressed any view on the merits of the impugned order and that all contentions remain open before the Family Court. Accordingly, the Court directed the Family Court to dispose of the suit within nine months, barred unnecessary adjournments, and ordered that the interim relief previously granted be vacated. The petition was consequently marked as withdrawn and disposed of.
Issues considered
- Whether the petitioner may withdraw the special civil application while seeking expeditious disposal of the pending suit
- Whether the Family Court can be directed to decide the suit within a specified time frame without being influenced by the impugned order
- Whether the order passed under section 24 of the Hindu Marriage Act is amenable only to appellate jurisdiction
Legislation cited
- Hindu Marriage Acts. 24
Subjects
Judgment
C/SCA/2706/2022 ORDER DATED: 28/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2706 of 2022
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DHARATIBEN W/O JAYDEEPBHAI BAGASADIYA D/O MUKESHBHAI
VALLABHBHAI PATEL
Versus
JAYDEEPBHAI SUBHASHCHANDRA BAGASADIYA
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Appearance:
TATVDEEP J JANI(7227) for the Petitioner(s) No. 1
HARDIK D MEHTA(7355) for the Respondent(s) No. 1
VATSAL S PARIKH(7452) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 28/07/2026
ORDER
Learned advocate for the petitioner, after making some
submissions, seeks permission to withdraw present petition, but
makes a request to expedite the trial, in view of the fact that the
order passed under the provisions of section 24 of the Hindu
Marriage Act is only amenable to the appellate jurisdiction.
In view of statement made at bar, the concerned learned
Family Court is directed to decide the suit pending before it, as
early as possible, but not later than nine months from the date
of receipt of writ of this order. The learned Family Court shall
decide the suit on its own merit without influenced by the
observations recorded in the impugned order and the
observations recorded in this order. The parties are directed to
cooperate with the learned Family Court and shall not seek
unnecessary adjournments for expeditious disposal of the suit.
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C/SCA/2706/2022 ORDER DATED: 28/07/2026
It is clarified that this Court has not expressed any opinion
on the merit of the impugned order at this stage and therefore,
all the contentions are kept open to be agitated before the
learned Family Court, who, in turn, shall decide the suit as per
evidence that may be adduced by the parties and in accordance
with law.
With this observations and directions, present petition
stands disposed of as withdrawn. Rule discharged. Interim
relief granted earlier stands vacated.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 28/07/2026 14:48:05
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