BHARTIBEN Vs. AMITBHAI VITTHALBHAI SOJITRA

JUDGEMENT

(1.) This appeal under Sec. 19 of the Family Court's Act, 1984 (for short 'the Act, 1984) read with Sec. 29(2) of the Hindu Marriage Act , 1955 (for short 'the Act, 1955) respectively, is at the instance of the original plaintiff - wife and is directed against the judgment and decree dtd. 18/2/2020 passed by the Family Court No.6, Ahmedabad in the Family Suit No.2543 of 2018 whereby the Family Court dismissed the Suit and declined to grant the declaration as prayed for in the plaint.

(2.) The facts giving rise to the present appeal may be summarized as under:

(3.) Mr. Shah, the learned counsel appearing for the appellant vehemently submitted that the Family Court committed a serious error in dismissing the Suit on the ground that the appellant has failed to prove the practice of customary divorce prevalent in the Leuva Patel Community. According to Mr. Shah, the Family Court failed to take into consideration the five affidavits of the members of the Leuva Patel Community stating that customary divorce is prevalent and permissible in the Leuva Patel Community. In such circumstances, referred to above, Mr. Shah prays that there being merit in his appeal, the same may be allowed and the declaration as prayed for in the plaint may be granted. Mr. Shah, in the alternative prays that the Suit be remitted to the Family Court so as to give an opportunity to the appellant to lead appropriate evidence to establish that customary divorce is permissible and prevailing in the Leuva Patel Community.