C/FA/4123/2024 ORDER DATED: 23/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4123 of 2024 ========================================================== PRATHAM SANJAY MAHENDRU Versus CHINMAYI NARAYAN SAMAL ========================================================== Appearance: MR ASHISH B DESAI(5163) for the Appellant(s) No. 1 BAILABLE WARRANT UNSERVED for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 23/07/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI) By way of present appeal, the appellant – original plaintiff challenges the judgment and decree dated 13/09/2024 passed in the Family Suit No.1163 of 2023 by the learned Principal Judge, Family Court, Vadodara, whereby the suit filed by the appellant herein seeking to declare his marriage as null and void as per Section 12 of the Hindu Marriage Act came to be dismissed. 2. Heard the learned Advocate Mr.Ashish B Desai appearing for the appellant – original plaintiff. 3. Learned Advocate appearing for the appellant – original plaintiff has invited attention of this Court to the recent decision passed by this Court in FA No.429 of 2026 dated 23/03/2026; whereby this Hon’ble Court has held that merely because the registration of the marriage is done and the Satptipadi is not C/FA/4123/2024 ORDER DATED: 23/07/2026 performed as per the provisions of the Hindu Marriage Act, the marriage is not valid. He would further submit that in view of such position, the appellant – original plaintiff may be given an opportutnity to produce afresh evidence before the learend Family Court and for such purpose, he would request to remit back the matter to the learened Family Court concerned with a liberty as sought for. 4. Having heard the learned Advocte appearing for the appellant and considering the findings recorded by the learned Family Court, more particularly paragraph No.7.3 of the impugned order that the appellant – plaintiff has neither produced any Memorandum of registration of the marriage or any documents attached therewith; nor the plaintiff has examined any person who remained as witness, as well as, the defendant has not remained present and does not support the fact that the marriage of the parties are not solemnized as per the customs / rituals and also did not produce any photographs of marriage and therefore, merely on the basis of the averments made by the plaintiff that the marriage of the plaintiff is not solemnized as per the rituals is not proved, this Court is of the opinion that since the appellant – plaintiff intends to produce some evidence afresh in support of his case, the request of the appellant deserves consideration. 5. Accordingly, the impugned order is quashed and set aside to the aforesaid extent only. The matter is remitted back to the learned Family Court concerned; with a liberty to the appellant – original plaintiff to produce the evidence afresh, if any, and the learned Family Court shall upon production of fresh evidence, if any, by the appellant-plaintiff decide the same in accordance with the law and C/FA/4123/2024 ORDER DATED: 23/07/2026 without being influenced by any of the observations made herein above. Such exercise shall be done as early as possible. (ILESH J. VORA,J) (R. T. VACHHANI, J) sompura Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 23/07/2026 17:03:54