High Court of Gujarat

PATEL SANKETKUMAR BABULALversusSTATE OF GUJARAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: P M RAVAL

Holding

The High Court quashed the order rejecting the written statement, reopened the right to file it within ten days, and imposed a cost direction.

Summary

The petitioner filed a criminal revision against the order of the Principal Family Court dated 10‑Nov‑2025, which had rejected his right to file a written statement on the ground that the opponent had filed a vakalatnama after appearing and failed to file the statement within the stipulated time. The petitioner argued that reopening the stage would not prejudice the respondent and that the lower court had taken a hyper‑technical view. The High Court observed that no prejudice would result and that justice would be served by allowing the written statement to be filed. Accordingly, the revision was allowed, the impugned order was quashed, and the petitioner was directed to file the written statement within ten days and deposit costs of Rs.1,500 before the Legal Services Authority. The order of the lower court was set aside and direct service was permitted.

Issues considered

What is the appropriate remedy when a lower family court rejects a party's right to file a written statement on procedural grounds?
Whether reopening the stage for filing a written statement would cause prejudice to the respondent.

Subjects

revisionfamily courtwritten statementprocedural fairnesscostsreopening of pleadings

Judgment

    R/CR.RA/2335/2025                               ORDER DATED: 06/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
            SUBORDINATE COURT) NO. 2335 of 2025

==========================================================
                        PATEL SANKETKUMAR BABULAL
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR FAIZAL F MEMAN(13147) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
UTKARSH SHARMA APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                              Date : 06/01/2026

                               ORAL ORDER
1. Issue Rule. Rule is fixed forthwith. Despite notice being served upon
Respondent Nos. 2 and 3, none appears. The present applicant is assailing
the order dated 10.11.2025 passed by the Ld. Principal Family Court at
Bharuch below Exh. 20 in Criminal Misc. Application No. 301 of 2025,
whereby the right of the present applicant to file a written statement (WS)
came to be rejected mainly on the ground that the opponent had filed the
vakalatnama on 29.07.2025 after remaining present on 22.07.2025 and,
despite being given ample opportunity to file the written statement, failed
to do so within the stipulated time. Consequently, the right to file the WS
was closed, and in the absence of satisfactory reasons to re-open the stage
of WS, the application came to be rejected. However, on perusal of the
endorsement filed by the Ld. Advocate for the wife, it transpires that if
costs are imposed and the right to file the WS is opened, he has no
objection.


2. Without discussing the matter in much detail, it is evident that no
prejudice would be caused to the respondent if the right to file the WS is



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          R/CR.RA/2335/2025                                                                     ORDER DATED: 06/01/2026




  re-opened, more particularly when the cross-examination of the wife is
  being undertaken by the present applicant. It appears that a hyper-
  technical view has been taken by the Ld. Principal Family Court,
  Bharuch, while rejecting the application. The interest of justice would be
  served if the right to file the WS is re-opened with a direction that the
  applicant shall file the written statement within 10 days from today and
  deposit costs of Rs. 1,500/- before the Legal Services Authority, Bharuch.
  Upon deposit of such amount, the Family Court shall take the WS on
  record.


  3. In view of the aforesaid, the present application is allowed. Rule is
  made absolute. The order dated 10.11.2025 passed by the Ld. Principal
  Family Court at Bharuch below Exh. 20 in Criminal Misc. Application
  No. 301 of 2025 is hereby quashed and set aside.


  Direct service is permitted.

                                                                                                           (P. M. RAVAL, J)
  MMP


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 07/01/2026
14:07:59




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