LAWS(GJH)-2002-10-31

BHARGAVKUMAR PRANSHANKAR SHUKLA Vs. CHHAYABEN BHARGAVKUMAR SHUKLA

Decided On October 21, 2002
BHARGAVKUMAR PRANSHANKAR SHUKLA Appellant
V/S
CHHAYABEN BHARGAVKUMAR SHUKLA Respondents

JUDGEMENT

(1.) Bhargavkumar Pranshanker Shukla, appellant original petitioner has filed this appeal under provisions of Sec.28 of the Hindu Marriage Act, 1955, against the judgment and decree dated 6/11/1998, passed by the learned Judge, City Civil Court, Court No.12, Ahmedabad, in Hindu Marriage Petition No.262 of 1992. The learned Judge by his impugned judgment pleased to dismiss the said petition of divorce filed by petitioner-husband in this behalf.

(2.) The facts giving rise to this petition are as under:-

(3.) On behalf of the petitioner husband, evidence has been recorded at Exh.44. He has narrated certain incidence regarding difference and dispute between husband and wife which I have narrated while describing the petition. Regarding petitioner's younger brother Pranavbhai going to America the petitioner categorically stated that his wife has specifically directed him not to go to railway station and therefore there was some difference and dispute arises and ultimately he took the wife to her parent's house because she gave certain threat in this behalf. He has also indicated that he has made an efforts and persuaded the opponent to come to matrimonial home but she refused to the same. He has also addressed a notice and correspondence which he has also narrated in this behalf. He has also stated that opponent was also serving in a Government undertaking and getting salary to the tune of Rs.3000.00 per month. He has also admitted that a female child born in December 1982 out of their wedlock. According to him, the wife was also using filthy language against him. He has also stated that since March 1984 the wife has not returned to the matrimonial home.