JITEN SHARADKUMAR SHETH Vs. DIMPLE JITEN SHETH

JUDGEMENT

(1.) This application is filed under Sec. 115 of the Code of Civil Procedure, 1908 ('CPC' for short), in which, the applicant - original defendant has challenged the order dtd. 24/9/2021 passed by the learned Principal Judge, Family Court, Rajkot, in an application below Exh.13 filed in Family Suit No.76 of 2020.

(2.) Heard learned advocate Mr.Premal S. Rachh for the applicant and learned advocate Mr.Jeet B. Karia for the respondent.

(3.) Learned advocate for the applicant submitted that the present applicant is the original defendant in the Family Suit No.76 of 2020 filed by the present respondent - original plaintiff before the learned Principal Judge, Family Court, Rajkot. It is submitted that the plaintiff - wife has filed suit for getting decree of divorce under Ss. 5 , 11 and 13(1)(ia) of the Hindu Marriage Act, 1955 ("the Act" for short). It is submitted that in the said suit, the original plaintiff - wife has prayed that marriage solemnized between the plaintiff and defendant on 19/1/2003 at Junagadh be declared as void and alternatively, it is prayed that the decree of divorce be passed under Sec. 13(1)(ia) of the Act.