C/SCA/14564/2025 ORDER DATED: 04/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14564 of 2025 ========================================================== AVANI D/O CHIRANGAT GOPALKISHAN BALAN PILLAI W/O ROMESH P VYAS Versus ROMESH P. VYAS ========================================================== Appearance: MR. RAJESH G BAROT(7134) for the Petitioner(s) No. 1 REFUSED SERVED (N)(10) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 04/05/2026 ORDER 1. Heard learned advocate for the petitioner. Though served, none remain present for the respondent. 2. By way of present petition, the petitioner has prayed for following reliefs :- “(A) To admit this petition. (B) To quash and set aside the order dated 19.03.2025 passed by the Ld. Judge, Family Court, Ahmedabad in C.M.A. (For Restoration) No.116 of 2023. (C) To pass such other and further orders as may be deemed fit in the facts and circumstances of present case.” 3. Factual aspect are that the petitioner has filed Family Suit No.314 of 2013 seeking divorce on various grounds. The said suit was dismissed for non appearance of plaintiff / C/SCA/14564/2025 ORDER DATED: 04/05/2026 petitioner and therefore, she preferred application restore the Suit. The said application was dismissed by order dated 19.03.2025 by the learned Principal Judge, Family Court, Ahmedabad. Learned Judge while dismissing the suit proceedings was of the opinion that plaintiff was not interested in prosecuting the matter and she has not file petition in person but through power of attorney and now seeking to conduct the matter through video conferencing. Learned Family Court also gave reason that video conferencing room is not established and therefore, in absence of video conferencing room application to conduct proceedings through video conferencing cannot be accepted and ultimately dismissed the suit for non prosecution. 4. The restoration application was dismissed by the learned Family Court without considering rudimentary facts that the plaintiff is residing in USA. Learned Family Court was kind enough to condone delay of 80 days but did not consider restoration application which is ordinarily followed by order of condonation of delay. According to this Court, the approach of learned Family Court is hyper technical and nit picking. The Court was required to restore the matter. Taking overall facts of the case, without touching merits of the case, I allow the petition. The impugned order is quashed and set aside and restore Family Suit No.314 of 2013 to its original proceedings. Family Suit is ordered to be restored in the Family Court, Ahmedabad other than Court of learned Principal Judge, Family Court, Ahmedabad. If the petitioner intends to conduct proceedings through Video Conferencing, learned Family Court concerned shall permit the same. Page 2 of 3 C/SCA/14564/2025 ORDER DATED: 04/05/2026 5. Family Court concerned shall follow the order passed by this Court in Special Civil Application No.5760 of 2026 dated 23.04.2026. Relevant observation are as under :- “15. Let me say that technology should serve as handmaiden to justice, and not a hurdle in the path. It must remain simple, reliable and accessible to litigant. If technology or its adoption becomes complex, it risks delaying justice rather than delivering it. Court, therefore, must adopt technology with litigant friendly approach, with focus on fairness, efficiency and human sensitivity. In essence, technology should advance the cause of justice and not chaos. Technology should ensure that timely justice becomes a reality with care.” (J. C. DOSHI,J) SATISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 04/05/2026 16:09:53