AVANI D/O CHIRANGAT GOPALKISHAN BALAN PILLAI W/O ROMESH P VYASversusROMESH P. VYAS

     C/SCA/14564/2025                            ORDER DATED: 04/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14564 of 2025

==========================================================
 AVANI D/O CHIRANGAT GOPALKISHAN BALAN PILLAI W/O ROMESH P
                           VYAS
                           Versus
                      ROMESH P. VYAS
==========================================================
Appearance:
MR. RAJESH G BAROT(7134) for the Petitioner(s) No. 1
REFUSED SERVED (N)(10) for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 04/05/2026

                                ORDER
1.     Heard learned advocate for the petitioner. Though
served, none remain present for the respondent.


2.     By way of present petition, the petitioner has prayed for
following reliefs :-


       “(A) To admit this petition.
       (B)     To quash and set aside the order dated 19.03.2025
       passed by the Ld. Judge, Family Court, Ahmedabad in
       C.M.A. (For Restoration) No.116 of 2023.
       (C)     To pass such other and further orders as may be
       deemed fit in the facts and circumstances of present
       case.”


3.     Factual aspect are that the petitioner has filed Family
Suit No.314 of 2013 seeking divorce on various grounds. The
said suit was dismissed for non appearance of plaintiff /


                                Page 1 of 3
     C/SCA/14564/2025                                ORDER DATED: 04/05/2026




petitioner and therefore, she preferred application restore the
Suit. The said application was dismissed by order dated
19.03.2025 by the learned Principal Judge, Family Court,
Ahmedabad.              Learned Judge while dismissing the suit
proceedings was of the opinion that plaintiff was not
interested in prosecuting the matter and she has not file
petition in person but through power of attorney and now
seeking to conduct the matter through video conferencing.
Learned        Family      Court   also      gave   reason      that     video
conferencing room is not established and therefore, in
absence of video conferencing room application to conduct
proceedings through video conferencing cannot be accepted
and ultimately dismissed the suit for non prosecution.


4.     The restoration application was dismissed by the learned
Family Court without considering rudimentary facts that the
plaintiff is residing in USA. Learned Family Court was kind
enough to condone delay of 80 days but did not consider
restoration application which is ordinarily followed by order of
condonation of delay. According to this Court, the approach of
learned Family Court is hyper technical and nit picking. The
Court was required to restore the matter. Taking overall facts
of the case, without touching merits of the case, I allow the
petition. The impugned order is quashed and set aside and
restore Family Suit No.314 of 2013 to its original proceedings.
Family Suit is ordered to be restored in the Family Court,
Ahmedabad other than Court of learned Principal Judge,
Family Court, Ahmedabad. If the petitioner intends to conduct
proceedings through Video Conferencing, learned Family
Court concerned shall permit the same.

                                   Page 2 of 3
        C/SCA/14564/2025                                                             ORDER DATED: 04/05/2026




5.         Family Court concerned shall follow the order passed by
this Court in Special Civil Application No.5760 of 2026 dated
23.04.2026. Relevant observation are as under :-

           “15. Let me say that technology should serve as
           handmaiden to justice, and not a hurdle in the path. It
           must remain simple, reliable and accessible to litigant. If
           technology or its adoption becomes complex, it risks
           delaying justice rather than delivering it. Court,
           therefore, must adopt technology with litigant friendly
           approach, with focus on fairness, efficiency and human
           sensitivity. In essence, technology should advance the
           cause of justice and not chaos. Technology should
           ensure that timely justice becomes a reality with care.”




                                                                                           (J. C. DOSHI,J)
SATISH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 04/05/2026 16:09:53




                                                       Page 3 of 3