Special Civil Application No. 21074 of 2016. Case: Kailasben Dashrathbhai Patel Vs Aditbhai Dashrathbhai Patel and Ors.. High Court of Gujarat (India)

Case NumberSpecial Civil Application No. 21074 of 2016
CounselFor Appellant: Shalin Mehta, Senior Advocate assisted by Vidhi J. Bhatt, Advocate and For Respondents: Chinmay M. Gandhi and M.B. Gandhi, Advocates
JudgesA.J. Desai, J.
IssueCode of Civil Procedure, 1908 (CPC) - Order XLIII Rule 1(r); Order XXXIX Rules 1, 2; Constitution of India - Article 227; Family Courts Act, 1984 - Section 7(1)(c)
Judgement DateMarch 23, 2017
CourtHigh Court of Gujarat (India)


A.J. Desai, J.

  1. Rule. Mr. M.B. Gandhi, learned advocate appearing for the respondents waives service of rule. With the consent of the parties, the matter is taken up for final disposal today itself.

  2. By way of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to quash and set aside order dated 23.11.2016 passed by learned Principal District Judge, Gandhinagar in Misc. Civil Appeal No. 3 of 2016.

  3. The case put forward by the petitioner is as under:-

    3.1 The petitioner got married to one Dashrathbhai Vithalbhai Patel on 6.7.1995 as per rituals and out of the wedlock, the petitioner delivered a girl child on 17.2.1997. Due to harassment by her husband, the petitioner lodged a complaint against her husband with Ambawadi Police Station which was numbered as Criminal Case No. 1450 of 1998. Thereafter, as per the customs prevailing amongst the parties, they agreed for mutual consent and a customary divorce took place between them on 29.12.1998.

    3.2 Thereafter, the petitioner came into contact with Dashrathbhai Gopalbhai Patel who was a widower and working as Assistant Teacher in Saraswati Vidyalaya at Dehgam. Ultimately, the petitioner got married to Dashrathbhai Gopalbhai Patel on 4.11.2002 as per the customs in presence of their relatives. The said Dashrathbhai Gopalbhai Patel had two children, namely, Adit and Sweta - respondents herein, through his first marriage with deceased Laxmiben Patel. Since the petitioner was working as Assistant Publication Officer in Vocational Guidance at Ahmedabad, she was allotted quarter at Gandhinagar where they were residing with her husband Dashrath Gopalbhai Patel. The petitioner and her husband Dashrath Gopalbhai Patel had joint Bank account and had insurance policies in which the petitioner was shown as nominee being his wife. The petitioner also availed Leave Travel Concession in the years 2008 and 2012. Further, in the service book of Dashrath Gopalbhai Patel, name of the petitioner was mentioned as his nominee and photograph of the petitioner was also shown as his lawful wedded wife. Even name of father of the daughter of the petitioner in the school register was corrected and it was mentioned as Dashrath Gopalbhai Patel.

    3.3 Unfortunately, Dashrath Gopalbhai Patel suffered heart attack on 31.5.2012 and he passed away on 1.6.2012. Since the deceased had left movable and immovable properties, dispute arose between the present petitioner and the respondents herein under the apprehension that the retiral benefits of deceased Dashrath Gopalbhai Patel is likely to be received by the step children and hence, the petitioner filed a writ petition being Special Civil Application No. 16310 of 2012 before this Court and prayed for several reliefs. The said petition came to be dismissed by the learned Single Judge of this Court vide order dated 16.1.2014 observing therein that there are disputed questions of...

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