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HIGH COURT OF GUJARAT
BIREN VAISHNAV, NISHA M. THAKORE, JJ
CHIRAG RAJNIKANT SHAH – Appellant
Versus
KINNARI CHIRAG SHAH – Respondent
| Table of Content |
|---|
| 1. appellant's request for restitution (Para 2) |
| 2. family court's refusal (Para 3) |
| 3. appellant's submission (Para 4) |
| 4. supreme court judgement cited (Para 5) |
| 5. observations of the family court (Para 6) |
| 6. notice issued to respondent (Para 7) |
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. Heard Mr.P.V.Chhatriwala learned counsel for the appellant.
2. Challenge before us is the judgement and order dated 10.05.2024 of the Family Court No.3, Vadodara. By the aforesaid judgement and order, the application of the appellant-original applicant before the Family Court for restitution of conjugal rights under Section 9 of the Hindu Marriage Act has been dismissed.
3. Perusal of the order of the Family Court indicates that one of the grounds on which the learned Family Court has refused to entertain the applicant-appellant’s request for restitution of conjugal rights is that once the parties have obtained a divorce before a Canadian Court, there will be no useful purpose to grant the application under Section 9 to the appellant.
4. Mr.Chhatriwala learned counsel for the appellant would draw our attention to the paper-book, especially the form at page 64. It is his submiss
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