HANSABEN BIPINCHANDRA PATEL Vs. BIPINCHANDRA MAGANBHAI PATEL

JUDGEMENT

(1.) The appellant and the respondent are wife and husband respectively. Their marriage was solemnised on 4/02/1957 according to Hindu rites and rituals. There are two children one son Vipul and daughter Paulomi - out of the said wedlock. The children have since been married and settled in United Statesof America.

(2.) The husband original petitioner filed Hindu Marriage Petition No. 77 of 1983 for divorce under Section 13 of the Hindu Marriage Act 1955 on the grounds of desertion and cruelty. The learned Extra Assistant Judge Varodara by his judgment and decree dated 3/05/1986 ordered to dissolve the marriage between the parties by a decree of divorce. The wife being aggrieved by the said judgment and decree of divorce preferred Regular Civil Appeal No. 137 of 1986 in the Court of the District Judge at Vadodara. The learned District Judge Vadodara by his judgment and decree dated 15/01/1988 dismissed the appeal confirming the judgment and decree passed by the trial Court. The appellant-wife has therefore preferred the present Second Appeal Section 100 of the Code of Civil Procedure against the impugned judgment and decree of divorce.

(3.) The following substantial question of law have been formulated by this Court: