SAVITABEN Vs. BABUBHAI PUNABHAI WADODARA

JUDGEMENT

(1.) This appeal was listed before us on 18-1-2002. On that day learned counsel Shri. Vyas for respondent appearing on caveat filed sick note, therefore it was kept today. Today, in place of Shri. Vyas, learned counsel Shri. Utpal Panchal appeared for the respondent husband.

(2.) Admit. Learned counsel Shri. Panchal for respondent-husband waives service of notice. At the joint request of learned counsel for the parties, this appeal is heard and decided today.

(3.) Respondent-husband Babubhai Punabhai Wadodara filed H.M.P. No. 355 of 1996 against his wife - present appellant/ Savitaben before the Court of City Civil Judge, Ahmedabad, seeking decree of divorce, on the ground of desertion by his wife. Notice was ordered to be issued in that petition and after service of notice the appellant-wife appeared before the learned Judge and applied for adjournment through her advocate. However, thereafter, learned advocate appearing for the appellant-wife did not file his appearance and after adjourning the matter from time to time, learned Judge allowed the divorce petition and by a decree dated 27-3-1997 dissolved the marriage of the petitioner and respondent solemnised on 12-5-1977, and declared that the relationship of husband and wife between them does not exist from that day onwards and it was put to an end.