RAJESHRIBEN Vs. RAJNIKANT SHANTILAL SISODIYA

JUDGEMENT

(1.) Rajeshriben, Daughter of Natvarlal and wife of Rajnikant Shantilal respondent no. 1 herein, is before this Court being aggrieved by judgment and order dated 28th April 1986 passed by the learned Judge, Court No. 10, City Civil and Sessions Court at Ahmedabad in H.M.P. No. 139 of 1984, whereby, the learned Judge was pleased to grant the petition and pass the following order:

(2.) Learned advocate Mr. JC Vyas submitted that in a Matrimonial Petition No.219 of 1981 a decree in favour of the present appellant granting restitution of conjugal rights was passed. The learned advocate further states that despite that decree, the attempts made by the appellant failed and the respondent no. 1 did not made it possible for the appellant to reside together.

(3.) That being so, the present First Appeal remains an academic exercise because even if, after passage of 23 years, if the decree passed by the Court below dissolving the marriage solemnized between the parties as back as on 28th February 1977 is set aside, it will be of no consequence. In view of that, the Court refuses to undertake that exercise of examining the validity of the decree passed by the Court below in H.M.P. No. 139 of 1984. The First Appeal is accordingly dismissed.