CHAUDHARI MITESHBHAI RAMESHBHAI Vs. CHAUDHARI MANISHABEN

JUDGEMENT

(1.) The Second Appeal has been preferred challenging the order dtd. 25/7/2023 passed by the learned Additional District and Sessions Judge, Mehsana in RCA no.40/22. While dismissing the appeal, the learned Appellate Court affirmed the judgment and order dtd. 14/11/2022 passed by the learned Additional Senior Civil Judge, Visnagar in Hindu Marriage Petition no.4/21.

(2.) Earlier the appellant had preferred Civil Revision Application no.379/23 challenging the order but by an order dtd. 5/10/2023, the same was converted into Second appeal.

(3.) Learned advocate Mr. Soni submitted that the provisions of law have not been considered in proper perspective while deciding HMP no.4/21 and RCA no.40/22. The issue in question has not been rightly interpreted by the both the courts on the ground of suppression and further submitted that the provisions of Sec. 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has not been interpreted in its true sense when more particularly with the fact that the respondent has voluntarily abandoned the appellant by not residing with him. Learned advocate Mr. Soni submitted that the issue of cruelty alleged against the appellant has not been rightly considered by the court in view of the fact that the appellant had been acquitted in Criminal Case no.7529/18 under Ss. 498A, 323, 504, 506(1) of IPC and Ss. 3 and 7 of the Dowry Prohibition Act.