PRITIBEN W/O NAVINKUMAR MOHANLAL PADHIYAR AND D/O SARDARBHAI PATELversusNAVINKUMAR MOHANLAL PADHIYAR
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- C DOSHI
Holding
The petition is disposed of as withdrawn, and the Family Court is directed to decide the suit within nine months on its own merits.
Summary
The petitioner, Pritiben, filed a special civil application seeking to withdraw her petition while requesting that the pending family court suit be expedited, noting that an order under Section 24 of the Hindu Marriage Act is appealable. The High Court, after hearing submissions, directed the Family Court to decide the suit on its merits within nine months, without being influenced by the impugned order or the present order. The Court clarified that it had not expressed any view on the merits of the impugned order, leaving all contentions to be argued before the Family Court. Consequently, the petition was marked as withdrawn, the notice discharged, and any earlier interim relief vacated. The parties were instructed to cooperate and avoid unnecessary adjournments for speedy disposal.
Issues considered
- Whether the petitioner may withdraw the petition while seeking expeditious disposal of the underlying family court suit
- Whether the High Court can direct the Family Court to decide the suit within a specified time frame
- Effect of withdrawal on any interim relief previously granted
Legislation cited
- Hindu Marriage Acts. 24
Subjects
Judgment
C/SCA/18573/2021 ORDER DATED: 28/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18573 of 2021
==========================================================
PRITIBEN W/O NAVINKUMAR MOHANLAL PADHIYAR AND D/O
SARDARBHAI PATEL
Versus
NAVINKUMAR MOHANLAL PADHIYAR
==========================================================
Appearance:
MS KAJAL SHINGADIYA for MR NV GANDHI(1693) for the Petitioner
MR. JV PADHIYAR(6966) for the Respondent(s) No. 1
==========================================================
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/18573/2021 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. Notice discharged. Interim
relief, if any, granted earlier stands vacated forthwith.
(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 14:48:19
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