LAWS(GJH)-2024-7-97

GAURANGBHAI JAGDISHBHAI PATEL Vs. SHRIMATI SHIMOLIBEN GAURANGBHAI PATEL

Decided On July 25, 2024
Gaurangbhai Jagdishbhai Patel Appellant
V/S
Shrimati Shimoliben Gaurangbhai Patel Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellant, challenging the judgment and decree of the Family Court, Ahmedabad in Family Suit No.1077 of 2015, by which, the learned Family Court has refused a decree of dissolution of marriage under the provisions of Hindu Marriage Act, 1955 (henceforth, 'the Act, 1955'). The appellant-husband filed a petition for obtaining a decree of dissolution of marriage against the respondent-wife under Sec. 13(1) of the Act, 1955.

(2.) Perusal of judgment of the Family Court indicates that the appellant got married with the respondent on 29/1/2008. Out of the wedlock, a child Kushang was born on 28/5/2009.

(3.) The case of the appellant before the Family Court was that the wife was making unreasonable demands inasmuch as she desired to lead a luxurious life, which the appellant-husband being a peon doing private service, could not manage. The case of the appellant-husband before the Family Court was that the wife continued to misbehave and would pick up quarrels at small issues. An incident of shouting reported on account of the child's behaviour in which she tried to stab herself is also set up as a ground for desertion and cruelty.