HARDIKKUMAR RAMESHBHAI PARMARversusDIKSHA D/O RAMANBHAI PARMAR
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
Holding
The appellate court quashed the dismissal order and directed the appellant to approach the Family Court for an amicable settlement, without deciding the merits.
Summary
The husband filed a suit for dissolution of his marriage before the Family Court, Nadiad, which was dismissed by the Principal Judge. The husband appealed the dismissal under Section 19 of the Family Courts Act, 1984. The wife was served notice but did not appear. The appellant’s counsel requested that the matter be remanded to the Family Court to explore an amicable settlement, which can only be done before that court. The High Court quashed the impugned order to the extent of directing the appellant to approach the Family Court for settlement, without examining the merits, and disposed of the appeal.
Issues considered
- Whether the appellate court can set aside the Family Court's dismissal of a dissolution suit and remand the matter for an amicable settlement under Section 19 of the Family Courts Act, 1984.
Legislation cited
Subjects
Judgment
C/FA/1422/2024 ORDER DATED: 15/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1422 of 2024
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HARDIKKUMAR RAMESHBHAI PARMAR
Versus
DIKSHA D/O RAMANBHAI PARMAR
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Appearance:
MR AV NAIR(5602) for the Appellant(s) No. 1
MR SAMIR B GOGDA(11306) for the Appellant(s) No. 1
RULE SERVED 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 : 15/06/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
Judgement and order dated 17/10/2023 passed by the learned
Principal Judge, Family Court, Nadiad dismissing the suit preferred by
the appellant – husband seeking dissolution of the marriage solemnized
with the respondent – wife is sought to be assailed in this First Appeal
under Section 19 of the Family Courts Act, 1984.
2. Though served, none remained present for the respondent – wife.
3. Heard the learned Advocate for the appellant. Learned Advocate
for the appellant, after arguing the matter to some extent and upon
instructions received from the appellant has submitted that the matter may
be remanded to the learned Family Court concerned to explore the
possibility of amicable settlement which can only to be undertaken before
the learned Family Court as the suit preferred by the appellant – husband
seeking dissolution of marriage was dismissed wherein the respondent –
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C/FA/1422/2024 ORDER DATED: 15/06/2026
wife has chosen not to remain present though served with the process of
notice.
4. In view of the aforesaid submissions made by learned Advocate for
the appellant to explore the possibility of amicable settlement before the
learned Family Court concerned, the impugned order is hereby quashed
and set aside to the extent of relegating the appellant to approach the
learned Family Court concerned so as to seek appropriate relief.
5. Needless to say that this Court has not gone into the merits of
matter and the learned Court concerned shall decide the matter in
accordance with the law.
6. Accordingly, the present appeal is disposed of.
(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 16/06/2026 17:23:20
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