SARASWATIBEN Vs. MAFATLAL GOPALDAS PATEL

JUDGEMENT

(1.) This is a revision petition filed under Section 115 of the Civil Procedure Code by the original petitioner against the original opponent against the order of remand passed by the learned 3rd Extra Assistant Judge, Nadiad, in Civil Appeal No. 68 of 1968.

(2.) The facts giving rise to this revision petition, briefly stated, are as under: The present petitioner filed Hindu Marriage Petition No. 15 of 1965 against the opponent in the Court of Civil Judge, Senior Division, Nadiad, under Section 9 of the Hindu Marriage Act, 1955, for obtaining a decree for restitution of conjugal rights. According to her, she was married to the opponent on 26th May, 1959 according to the Hindu rites and custom of the caste. There was consummation of marriage. During the wedlock, two children were born. The opponent started illtreating her after some time and used to press her to bring money from her grand-father. She was ultimately driven out after illtreating her. All her attempts to call her back failed and hence a petition was filed for the aforesaid relief.

(3.) The opponent, by his written statement, Ex. 10, contended inter alia that there was custom of giving divorce in their community and accordingly a divorce was given on 2nd September, 1964 and a Fargati deed was executed in that behalf. The allegations regarding illtreatment, etc., were denied.