C/FA/1681/2024 ORDER DATED: 13/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1681 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/FIRST APPEAL NO. 1681 of 2024 ========================================================== KALPESH KHANDUBHAI GOHIL Versus SARIKA DHANSUKHBHAI PARMAR ========================================================== Appearance: MR VAIBHAV N SHETH(5337) for the Appellant(s) No. 1 MS KINJAL R PATEL(7601) for the Appellant(s) No. 1 MR SHAIVANG D MEHTA(5623) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 13/07/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. The present appeal is directed against the judgment and decree dated 06.02.2024 passed by the Family Court, Surat, whereby the suit for divorce being Suit No.1013 of 2019, filed by the appellant husband is decreed with a further direction to pay Rs.8,50,000/- to the respondent wife towards permanent alimony under Section 25 of the Hindu Marriage Act, 1955. 2. We have heard learned advocates Mr.Vaibhav Sheth and Mr.Shaivang Mehta, for the respective parties. 3. Mr.Vaibhav Sheth, learned advocate, while assailing the impugned judgment and decree, submitted that the appeal is filed on the issue of permanent alimony as the respondent wife did not have made any request C/FA/1681/2024 ORDER DATED: 13/07/2026 to the Family Court for granting permanent alimony. The Family Court failed to frame the issue on this aspect and also did not have given any opportunity to the parties to lead the evidence. It is further contended that let the matter be remanded to the Family Court to decide the issue of permanent alimony in accordance with law. It is further submitted that without prejudice to the rights and contentions, on the aspect of permanent alimony, the appellant is ready and willing to deposit an amount of Rs.1,50,000/- within a period of six weeks before the Family Court. 4. On the other hand, Mr.Shaivang Mehta, learned advocate vehemently opposed the contentions raised by the counsel appearing for the appellant and contended that without any application or request of the party concerned, the Family Court can grant permanent alimony and therefore, he would urge that the appeal has no merits and the same may be dismissed with cost. 5. In the facts of the present case, so far as the decree of divorce is concerned, the same is not under-challenge by any of the parties. The Family Court while disposing the divorce suit framed as many as five issues. Admittedly, the issue of permanent alimony for entitlement of wife was not framed by the Family Court. The opportunity to lead the evidence having also not been given to the parties. In such circumstances, without much discussions on merits of the case, we are of the view that let the issue of permanent alimony be decided afresh after giving an opportunity to both the sides. The learned Family Court is directed to frame the issue, and then, on the limited issue, proceed to record the oral as well as documentary evidence if any and then, decide the issue of C/FA/1681/2024 ORDER DATED: 13/07/2026 entitlement of the permanent alimony to the wife as well as children. 6. Having regard to the peculiar facts and circumstances of the present case, the order of permanent alimony dated 06.02.2024, directing the husband appellant to pay Rs.8,50,000/- towards permanent alimony, is set aside. The matter is remitted to the Family Court to decide the issue for permanent alimony afresh within six months from the date of receipt of the order. The appellant husband is directed to deposit an amount of Rs.1,50,000/- before the Family Court, Surat within a period of six weeks. 7. Accordingly, present First Appeal stands disposed in the aforesaid terms and directions. 8. In view of the order passed in the main First Appeal, present Civil Application does not survive and accordingly, the same is disposed of as not survived. (ILESH J. VORA,J) (R. T. VACHHANI, J) Rakesh Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 14/07/2026 16:45:10