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2023 Supreme(Guj) 420

ASHUTOSH SHASTRI, NISHA M. THAKORE
Anuj Balkrishan Agarwal – Appellant
Versus
Purvanjaliben Agarwal – Respondent


Advocates Appeared:
For the Appellant : Mr. Jucky Lucky Chan, Paresh A. Patel.
For the Defendant : Mr. Anuj K. Trivedi.

ORDER :

Ashutosh Shastri, J.

1. By way of this appeal under Section 19 of the Family Courts Act, a challenge is made to a decision dated 6.12.2021 passed by learned Family Judge, Ahmedabad whereby Civil Misc. Application No.104 of 2017 which was filed for seeking restoration of the main proceedings came to be dismissed.

2. It is the case of the appellant that main application under Section 25 of the Guardians and Wards Act was filed before the learned Family Court No.3 at Ahmedabad seeking custody of the minor child from the opponent wife. On 20.9.2019, appellant had attended the court proceedings till 5.00 p.m. and according to him, learned Presiding Officer was not on Dias and on account of urgent work at Palanpur and to see his mother’s health, appellant returned to Palanpur under hope that matter will be adjourned. But there after, when after about two days, appellant inquired about main application, it was noticed that said application came to be dismissed and as such for seeking restoration of main application, appellant has filed Civil Misc. Application No.174 of 2019. The learned Family Judge without any cogent reasons rejected the aforesaid restoration application vide order

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