HEMANTKUMAR VINODCHANDRA SUKHADIA Vs. PARUBEN

JUDGEMENT

(1.) By this appeal under Sec. 28(1) of the Hindu Marriage Act 1955 ('Act' for short hereinafter), the appellant original petitioner has challenged the judgment and decree passed in Hindu Marriage petition No. 3 of 1988 on 21/3/1991 by District Court, Valsad, Navsari.

(2.) A few relevant facts giving birth to the present appeal may, shortly, be stated at the outset.

(3.) The present appellant is the original petitioner-husband and the respondent is the original petitioner No. 2-wife, who were hereinafter adressed to as 'Husband' and 'wife' for the sake of convenience and brevity. Both of them made a joint application under Sec. 13-B of the Act for mutual divorce. The parties arc Hindu. Their marriage was performed on 27/2/1977 as per Hindu rites, at Navsari. Two daughters were born out of the said wedlock. One daughter Niyanta was born on 18/6/1978 and second daughter Nikita was born on 5/4/1980. Both of them, i.e. husband and wife, are serving at different places. There was differences of opinion between the spouses which ultimately culminated into decision to take divorce by mutual consent. It was therefore decided to resort to Sec. 13-B of the Act.