RUCHA BHANUBHAI PATEL Vs. KAIVALYA (KEVIN) PRANSUKHBHAI PATEL

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India, the petitioner has prayed to direct the learned Family Court, Ahmedabad to hear and dispose of the pending Family Suit No.549 of 2019 filed by the petitioner seeking dissolution of marriage under section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 ("HM Act" for short) against her husband as expeditiously as possible, in view of the fact that the same has been pending before the learned Family Court, Ahmedabad since almost two years.

(2.) The present petition has a chequered history as can be gathered from the facts set out in the memo of the petition.

(3.) The marriage between the petitioner and the respondent was solemnised on 21.6.2014 as per Hindu rites and rituals. The respondent husband within 24 days of the marriage left for Canada with a promise that he would initiate necessary legal process to call the petitioner to Canada. Since his departure for Canada after marriage, the respondent has not returned to India nor has he initiated any legal process for immigration of the petitioner to Canada. After the departure of the respondent, the petitioner started living at her matrimonial home with her father-in-law, mother-in-law and sister-in-law who is suffering from down syndrome. To her dismay, the in-laws of the petitioner started pressurising her to make her parents to shell out a sum of Rs. 2 lakhs for the purpose of expenses of her immigration to Canada. This demand, according to the petitioner, was met by her parents. However, there was not let up and the in-laws started subjecting the petitioner to physical and mental harassment and demanded further money. In due course, the in-laws also left for Canada and except father-in-law none has returned to India.