CHETANKUMAR AMRATLAL PATEL Vs. JAYSHREEBEN PATEL

JUDGEMENT

(1.) By way of present appeal under Sec. 96 of the Code of Civil Procedure, the appellant original plaintiff has challenged the legality and validity of judgment and order dtd. 14/10/2022 passed by the learned Principal Judge, Family Court, Mehsana in Family Suit No. 41 of 2022.

(2.) The brief background of present appeal is that the appellant herein has filed Family Suit No. 41 of 2022 before the learned Principal Judge, Family Court, Mehsana praying inter alia for declaration that marriage between the defendant and the present appellant was dissolved by virtue of Divorce Deed dtd. 20/3/2015 through customary divorce which is a well recognized custom prevailing in the community where both the parties are belonging to 'Kadva Patel' community and as such, suit came to be filed.

(3.) On the basis of submissions made at the relevant point time, the co-ordinate Bench of this Court was pleased to issue notice for final disposal by order dtd. 11/1/2023 and pursuant to that, present first appeal has come up for consideration and both the learned advocates have jointly requested to take up the appeal in view of the situation prevailing between the parties. Hence, upon their request, we took up the appeal for its disposal.