Disposed

Vipinbhai Chandubhai Vasava v. Nikitaben W/O Vipinbhai Vasava D/O. Kanchanbhai Ratanlal Vasava

Gujarat HC21 Jun 2018FA/543/2018

Case brief

AI extract

What is this about?

This short order quashes a dismissal of a civil appeal regarding a declaration of divorce and removal of a wife from service nominations. The court expresses prima-facie doubt about the limitation ground and the link between nomination and divorce legality, granting liberty to revive if needed.

What did the court decide?

Appeal and Connected Civil Application disposed of with Liberty to Revive in case of difficulty.

Vipinbhai Chandubhai Vasava Vs Nikitaben W/O… — Matrimonial and Divorce | Gujarat HC (2018)

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C/FA/543/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 543 of 2018

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With CIVIL APPLICATION NO. 1 of 2018

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========================================================== VIPINBHAI CHANDUBHAI VASAVA Versus NIKITABEN W/O VIPINBHAI VASAVA D/O. KANCHANBHAI RATANLAL VASAVA

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==========================================================

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Appearance:

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MR DHRUV K DAVE(6928) for the PETITIONER(s) No. 1 MR HITESH L GUPTA(3937) for the PETITIONER(s) No. 1 UNSERVED REFUSED (N)(10) for the RESPONDENT(s) No. 1

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========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE B.N. KARIA Date : 21/06/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

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1.This appeal is filed by the original plaintiff

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who would file a Family suit before the Family Court,
Vadodara. Case of the appellant-plaintiff is that
after having got married to the respondent on
29.02.2000, the couple took divorce through customary
rights on 29.05.2011 which is also recognized in
their community. Appellant is an employee of Gas
Authority of India Limited ('GAIL' for short). In
view of this divorce, he conveyed to the employer for
change of nominations in his service records
concerning his monetary and other benefits. GAIL,

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however, by a communication dated 06.06.2011 conveyed

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that divorce could be granted only by the Family

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Page 1 of 3

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C/FA/543/2018 ORDER

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Court and the divorce deed produced by him has no
legal sanctity and the name of the wife cannot be
removed from the list of his legal dependency. The
appellant therefore filed the said Family Suit and
prayed for a declaration that by virtue of customary
divorce dated 29.05.2011, the marriage stood
dissolved. This Family Suit, the Family Court,
Vadodara, dismissed on the ground of limitation.

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2.Learned counsel for the appellant submitted that
the whereabouts of the respondents are not known
since the year 2011. The appellant has no contact
with her. The appellant has two sons out of the
wedding and he desires that all his monetary benefits
flowing out of the employment, in case anything
happens to him, should go to his sons. He wishes to
change her nomination in his service records
accordingly by deleting the name of his wife.

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3. Prima-facie , we do not think that the family Court, Vadodara, was correct in dismissing the suit on the ground of limitation. However, the wife is

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unserved and we would therefore not make any conclusive remarks in this respect. At the same time, we also prima-facie feel that mere question of

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Page 2 of 3

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C/FA/543/2018 ORDER

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nomination in service records would not hinge on the legality of the divorce between the appellant and the respondent. Nomination is by way of facility and the property or the fund would be transferred in the name of the nominee in case of the death of the nominator. Such nominee would be the trustee of such asset and it would be his responsibility to disburse the same amongst the legal owners thereof, be it by way of testamentary or intestate succession. Prima-facie we feel such nomination can be changed even if there is no divorce between the husband and wife. However, GAIL is not before us and we would therefore once again not make any conclusive observations.

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4.In view of the observations above, counsel for

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the appellant does not press this appeal at this
stage for following his legal remedies, with a
liberty to revive in case of difficulty.

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5.First Appeal is disposed of along with Civil
Application.

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(AKIL KURESHI, J)

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(B.N. KARIA, J)

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ANKIT SHAH

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Page 3 of 3

Vipinbhai Chandubhai Vasava v. Nikitaben W/O Vipinbhai Vasava D/O. Kanchanbhai Ratanlal Vasava

Case brief

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Vipinbhai Chandubhai Vasava v. Nikitaben W/O Vipinbhai Vasava D/O. Kanchanbhai Ratanlal Vasava

Case brief

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