ANAND B GOGIA for Appellant(s) : 1,MS KAJAL L KALWANI for Appellant(s) : 1,MS MUSKANA GOGIA for Appellant(s) : 1, MRS NISHA M PARIKH for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 10/11/2011 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Admit. Ms.Parikh, learned Counsel for the respondent waives service of notice of Admission. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today. The present appeal is directed against the ex parte judgement and decree passed by the Family Court dated 15.7.2011 in Family Suit No.217 of 2010, whereby the marriage between the appellant and the respondent is dissolved. The relevant facts are that the original plaintiff - respondent herein filed the suit for dissolution of the marriage and decree of divorce. He alleged in the plaint that on 17.2.2001 the marriage was solemnized and one daughter is also born and the ground of desertion was alleged and the decree of dissolution of marriage was prayed. It appears that the Family Court proceeded ex parte on the ground that summons was duly served, but the appellant
said aspect and suffice it to state that as the summons was not duly served upon the appellant herself, it would be a fit case to exercise the discretion for remanding the matter to the Family Court. It is an admitted position that no opportunity was not availed of or not given to the appellant to lead the evidence and/or to cross-examine the original plaintiff - respondent herein. We may state that on behalf of the respondent - original plaintiff, it has been stated by Ms.Parikh that the respondent - original plaintiff has not remarried after the judgement and decree of the Family Court. In view of the aforesaid, the impugned judgement and decree of the Family Court is quashed and set aside with the direction that the Family Suit No.217 of 2010 shall stand restored to the Family Court, Junagadh. The Family Court shall give opportunity of cross-examination and leading of evidence and also of submitting the reply, if any, to the appellant as well as the respondent herein and thereafter shall pass appropriate orders in accordance with law. On behalf of the appellant, a declaration is made that the appellant shall appear either herself or through
