C/FA/2805/2026 ORDER DATED: 02/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2805 of 2026 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2026 In R/FIRST APPEAL NO. 2805 of 2026 With CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2026 In R/FIRST APPEAL NO. 2805 of 2026 With CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 3 of 2026 In R/FIRST APPEAL NO. 2805 of 2026 ========================================================== PANKAJKUMAR KESHAVLAL MAISURIYA Versus DHANISHA PANKAJKUMAR MAISURIYA D/O HASMUKH NAROTTAM ========================================================== Appearance: ZAINAB I BHARMAL(9298) for the Appellant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 02/07/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. This First Appeal, under Section 19 of the Family Courts Act, 1984, is directed against the judgment and decree dated 15.05.2026, passed by the learned Family Court, Surat, in Family Suit No. 1307 of 2025, whereby, the Family Court was pleased to dismiss, appellant’s suit to declare dissolution of marriage. 2. We have heard learned counsel Ms. Zainab Bharmal appearing for and on behalf of appellant herein. 3. Brief facts leading to file this appeal are as follows: C/FA/2805/2026 ORDER DATED: 02/07/2026 (i) Marriage of the appellant and respondent was solemnized on 13.03.2008 as per Hindu Rights and Rituals applicable to their community. Admittedly, parties belonged to Maisuriya Bhatia Community. On November, 2008, on account of matrimonial discord between the parties, they decided to live separately and thereafter, mutually dissolved their marriage on 10.08.2009 by executing customary notarized divorce deed duly signed by the parties and the witnesses present over there. In the divorce deed, it was expressly recorded that, dissolution was being effected in accordance with ancient custom prevailing in the community, which recognizes such mode of dissolution. (ii) Since 2009, the parties have part their ways and living separately since long. In 03.06.2025, U.S. Consulate General refused to grant VISA to the appellant and asked a proper decree of divorce. (iii) A Divorce Suit came to be filed on 09.07.2025 before the Family Court, Surat. The respondent herein did not have contested the suit. (iv) The Family Court, after appreciation of the oral evidence of the appellant, was pleased to dismiss the suit, observing that, the appellant failed to prove that, there is a custom prevailing in their caste to dissolve the marriage mutually. 4. In the aforesaid facts and circumstances, learned counsel Ms. Zainab Bharmal invited our attention towards the sworn affidavit of the witnesses namely Alpesh Maisuriya, Maheshkumar Maisuriya, contractor – Kuldeep Chhotalal, to contend that, the C/FA/2805/2026 ORDER DATED: 02/07/2026 appellant belonged to Maisuriya Bhatia (Nayee community) and as per the administration and affairs of the community managed by the persons referred above, there is custom in the Nayee community, permitting dissolution of marriage by mutual consent through intervention of community leaders and since long, this custom being followed by the members of the community. Thus, therefore, it is submitted that before the learned Family Court, the appellant had only produced the copy of Notarized Divorce Deed and nothing else and that is why the Family Court while dismissing the suit, observed that, the appellant failed to prove the prevalent custom of the community for getting divorce by mutual consent. However, the appellant could not adduce sufficient evidence on this count and he was under impression that Notarized Divorce Deed is sufficient to prove the prevailing customs. 5. In such circumstances, it is submitted that the judgment and decree may be set aside and matter be remanded to the Family Court to decide the issue afresh. 6. We have perused the affidavits of the community persons as referred above, including the Notarized Divorce Deed. Before the Family Court, the appellant did not have adduced the oral as well as documentary evidence, as referred herein to prove prevailing custom for mutual divorce. Even, he could not prove the Notarized Divorce Deed. In such circumstances, in our opinion, in order to get VISA and for the purpose of passport, etc. the decree of competent Court is necessary. The respondent wife has contested C/FA/2805/2026 ORDER DATED: 02/07/2026 the suit and she is settled out of India. Thus, to do substantial justice to the parties, let fresh opportunity be given to the appellant to prove his claim for divorce. 7. For the reasons recorded, the judgment and decree dated 15.05.2026 passed in Family Suit No. 1307 of 2025 by the Family Court, Surat is hereby set aside. The matter is remanded to decide the suit afresh. The appellant is permitted to file amendment application, so as to incorporate the necessary and requisite grounds for divorce and also permitted to adduce oral as well as documentary evidence, as referred herein. The appellant also permitted to file fresh affidavit, in form of examination-in-chief. The Family Court shall decide the suit in accordance with law on its own merits. We have not expressed any opinion on merits. 8. Accordingly, the Appeal is allowed at the admission stage in the aforesaid terms. No order as to costs. 9. In view of the order passed in main First Appeal, no orders in connected Civil Applications and are disposed of accordingly. (ILESH J. VORA,J) (R. T. VACHHANI, J) P.S. JOSHI/03.07.2026 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 03/07/2026 17:41:41