BINABEN Vs. KULINKUMAR CHANDRAVADAN SHAH

JUDGEMENT

(1.) By presenting this present Second Appeal under Section 100 of the Code of Civil Procedure, 1908, the appellant wife has sought to challenge judgment and decree dated 06.08.2011 of learned Additional District Judge, Surat at Vyara in Regular Civil Appeal No.32 of 2008, whereby the First Appellate Court confirm the judgment and decree of the Trial Court dissolving the marriage in a petition filed by the respondent-husband. The decree of divorce was prayed for and came to be passed on the grounds of cruelty and desertion.

(2.) It was on the following substantial question of law formulated by the Court, that the present appeal was admitted:

(3.) A profile of facts and events leading to the litigation between the spouses and culminating into the present appeal may be noted with relevance. In the Hindu Marriage Petition No.12 of 2004 filed by the respondent-husband before the Court of Civil Judge (S.D.), Bardoli under Section 28 of the Hindu Marriage Act, 1955 (hereinafter mentioned as 'the Act' for sake of brevity), divorce was pleaded under Section 13(1)(ia) on the ground that after solemnisation of marriage, wife had treated the petitioner with cruelty. The second ground was under Section 13(1)(ib) that petitioner was deserted for a continuous period of not less than two years immediately preceding to the presentation of the petition.