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Judgment
A.J.Desai, J
By way of present appeal under Clause 15 of the Letters Patent, the original petitioner – appellant has challenged the order dated 14.09.2021 passed by the learned Single Judge in captioned writ petition.
Notices have been served to all the respondents. The respondent bank has been represented by Mr.P.S.Gogia, learned advocate.
The relief sought by the original petitioner was to permit him to operate Savings Bank Joint Account No.058010100001571 by unfreezing the same and to operate Locker No.124 opened with respondent No.1 Bank.
Since the locker was in the joint names of the appellant and his divorced wife namely Shilpaben Ashishkumar Bhatt, this Court thought it fit to serve notice about the present proceeding to the divorced wife of the appellant. Hence, following order was passed by this Court on 04.05.2022 :
“ORDER IN LETTERS PATENT APPEAL
Appeal is Admitted.
Learned advocate Mr. P.S. Gogia waives service of notice of Admission on behalf of the respondents.
We have gone through the order passed by the learned Single Judge as well as the judgment dated 04.05.2017 passed by the Division Bench of this Court in First Appeal No.811/2012 by which the decree of divorce has been granted in favour of the appellant – husband. Learned advocate appearing for the appellant states that this order of decree of divorce has not been challenged by the wife.
Learned advocate appearing for the appellant also states that appellant does not know the whereabouts of his wife.
Hence, we pass the following order.
The appellant shall, within a period of four weeks from today, get publish a public notice in a daily newspaper having wide circulation in the city of Ahmedabad as regards the prayers made in the Special Civil Application No.12781/2021 about permitting the appellant to operate the Bank Locker No.124 held with the respondent No.1 – Bank.
Let, present Letters Patent Appeal be fixed for hearing on 23.06.2022.
ORDER IN CIVIL APPLICATION NO.1/2021
No order is passed in civil application for interim relief and same stands disposed of accordingly.”
Notices have been served to the divorced wife of the appellant namely Shilpa Ashishkumar Bhatt. A public notice was also published in a newspaper namely ‘Business Standard’, Ahmedabad Edition on 19.05.2022 as well as in the daily newspapers “Indian Express” and “Jay Hind”. However, the divorced wife of the appellant has chosen not to appear before this Court. Hence, we have taken up this appeal for final hearing.
The short facts arises from the record are as under.
6.1 That the present appellant entered into marriage with Shilpa on 03.12.1995. On various grounds, a petition was filed by the wife for decree of divorce and the same was opposed by the appellant – husband since serious allegations were made. The said petition was dismissed. Hence, the wife filed an appeal being First Appeal No.811 of 2012 before this Court. In the said proceedings, the present appellant filed an application under Section 23A of the Hindu Marriage Act, 1955.
6.2 By judgment dated 04.05.2017, the appeal filed by the wife came to be dismissed. However, the prayer made by the appellant for decree of divorce under various grounds came to be allowed and it was held that the appellant would be entitled for decree of divorce since he was able to establish the grounds stated in Section 13(1)(ib) of the Hindu Marriage Act, 1955. Accordingly, the divorce has taken place between the parties. It is also reported and recorded by the learned Single Judge that the wife has now settled in U.S.A. and she is not interested in any property belong to the present appellant.
Mr.Nanavaty, learned advocate for the appellant states that the expenses towards opening the locker shall be borne by the appellant.
Hence, we are of the opinion that the appeal requires consideration. Accordingly, the appeal is allowed in terms of prayer made at paragraph 28 of the main writ petition.
In view of disposal of the main appeal, Civil Application No.1 of 2021 does not survive and it also stands disposed of.