REKHA Vs. KAHAR MOHAN DIPNARAYAN

JUDGEMENT

(1.) This appeal is challenging the judgment and decree passed by the Family Court, Vadodara on 29/11/2017 in Family Suit No.151 of 2013 under Sec. 13(1)(i-a)(i-b) of the Hindu Marriage Act , 1955.

(2.) The wife has challenged the same on the ground that she could not remain present while the final judgment and decree was passed as she had not been intimated as she lives at Gazipur, however that fact had not been disclosed before the Vadodara Court by the Husband. She continued to reside at Gazipur with her parents and she belongs to Uttar Pradesh and never to Gujarat. She therefore, has sought the following prayers:

(3.) Concerted efforts have been made for exploring the settlement between the parties on various dates by different forums, however, the same did not yield any results. We therefore, have undertaken final hearing of the appeal where learned advocate Ms. Datta for the appellant and learned advocate Mr. Yadav for the respondent- original plaintiff are heard extensively. This arises from the judgment and decree where respondent husband had approached the Family Court, Vadodara for obtaining a decree of divorce on the ground of cruelty and desertion and the same has been allowed in absence of wife.