Judgment · High Court · 2026

Heard Mr.Kamlesh S. Kotai, learned advocate for Ms.Shivani Brahmakshatriya, learned advocate for the applicant.

#2. After arguing for some time, under the instruction of his client, at this stage, learned advocate for the applicant does not press this application.

#3. Nonetheless, Mr.Kotai, learned advocate, would request this Court that the applicant, being an Assistant Professor working in a private university and also suffering from Cervical Spondylitis, she may be allowed to join the family suit proceedings instituted by the opponent in the Family Court at Ahmedabad through video conference and liberty may be reserved in favour of the applicant to approach this Court in a case where at a stage where the applicant's physical presence is required for her cross-examination, if her medical condition worsen. C/MCA/1755/2026 ORDER DATED: 16/07/2026

#4. Having heard Mr.Kotai, learned advocate for the applicant and considering the request made by him, the request appears to be reasonable which requires acceptance.

#5. It is open for the applicant to request the Family Court at Ahmedabad, where the opponent has filed the family suit in question against the applicant, to allow her to attend the proceedings through video conferencing by dispensing with her physical presence unless it is required for her cross- examination or otherwise. If such a request will be made by the applicant, same shall be accepted by the Family Court, Ahmedabad, thereby allow her to join the proceedings through video conferencing unless her physical presence is required for cross-examination or otherwise.

#6. It is needless to say that the applicant is required to be permitted to appear in the mediation proceedings through video conference.

#7. It is also open for the applicant to approach this Court in a case where she will not be in a position to physically appear before the Family Court, Ahmedabad for her cross- examination in a case where her medical condition deteriorates/worsens.

#8. With the aforesaid observations and directions and reserving liberty in favour of the applicant, at this stage, this Court permits the applicant to withdraw this application.

#9. It is made clear that this Court has neither gone into nor examined the merits of the matter. C/MCA/1755/2026 ORDER DATED: 16/07/2026

#10. In view of the aforesaid, the present application is disposed of, as withdrawn, albeit reserving liberty as aforesaid in favour of the applicant.

#11. Direct service is permitted. GAURAV J THAKER (MAULIK J. SHELAT, J)