KALPESH KHANDUBHAI GOHILversusSARIKA DHANSUKHBHAI PARMAR

       C/FA/1681/2024                             ORDER DATED: 13/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1681 of 2024
                                    With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
                     In R/FIRST APPEAL NO. 1681 of 2024
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                         KALPESH KHANDUBHAI GOHIL
                                   Versus
                        SARIKA DHANSUKHBHAI PARMAR
==========================================================
Appearance:
MR VAIBHAV N SHETH(5337) for the Appellant(s) No. 1
MS KINJAL R PATEL(7601) for the Appellant(s) No. 1
MR SHAIVANG D MEHTA(5623) 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 : 13/07/2026

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


1.      The present appeal is directed against the judgment and decree
dated 06.02.2024 passed by the Family Court, Surat, whereby the suit for
divorce being Suit No.1013 of 2019, filed by the appellant husband is
decreed with a further direction to pay Rs.8,50,000/- to the respondent
wife towards permanent alimony under Section 25 of the Hindu Marriage
Act, 1955.


2.      We have heard learned advocates Mr.Vaibhav Sheth and
Mr.Shaivang Mehta, for the respective parties.


3.      Mr.Vaibhav Sheth, learned advocate, while assailing the impugned
judgment and decree, submitted that the appeal is filed on the issue of
permanent alimony as the respondent wife did not have made any request



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     C/FA/1681/2024                                  ORDER DATED: 13/07/2026




to the Family Court for granting permanent alimony. The Family Court
failed to frame the issue on this aspect and also did not have given any
opportunity to the parties to lead the evidence. It is further contended that
let the matter be remanded to the Family Court to decide the issue of
permanent alimony in accordance with law. It is further submitted that
without prejudice to the rights and contentions, on the aspect of
permanent alimony, the appellant is ready and willing to deposit an
amount of Rs.1,50,000/- within a period of six weeks before the Family
Court.

4.       On the other hand, Mr.Shaivang Mehta, learned advocate
vehemently opposed the contentions raised by the counsel appearing for
the appellant and contended that without any application or request of the
party concerned, the Family Court can grant permanent alimony and
therefore, he would urge that the appeal has no merits and the same may
be dismissed with cost.


5.       In the facts of the present case, so far as the decree of divorce is
concerned, the same is not under-challenge by any of the parties. The
Family Court while disposing the divorce suit framed as many as five
issues. Admittedly, the issue of permanent alimony for entitlement of
wife was not framed by the Family Court. The opportunity to lead the
evidence having also not been given to the parties. In such circumstances,
without much discussions on merits of the case, we are of the view that
let the issue of permanent alimony be decided afresh after giving an
opportunity to both the sides. The learned Family Court is directed to
frame the issue, and then, on the limited issue, proceed to record the oral
as well as documentary evidence if any and then, decide the issue of


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         C/FA/1681/2024                                                           ORDER DATED: 13/07/2026




entitlement of the permanent alimony to the wife as well as children.


6.        Having regard to the peculiar facts and circumstances of the
present case, the order of permanent alimony dated 06.02.2024, directing
the husband appellant to pay Rs.8,50,000/- towards permanent alimony,
is set aside. The matter is remitted to the Family Court to decide the issue
for permanent alimony afresh within six months from the date of receipt
of the order. The appellant husband is directed to deposit an amount of
Rs.1,50,000/- before the Family Court, Surat within a period of six
weeks.


7.        Accordingly, present First Appeal stands disposed in the aforesaid
terms and directions.


8.        In view of the order passed in the main First Appeal, present Civil
Application does not survive and accordingly, the same is disposed of as
not survived.



                                                                                           (ILESH J. VORA,J)




                                                                                        (R. T. VACHHANI, J)
Rakesh




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 14/07/2026 16:45:10




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