NITALBEN Vs. DINESH JASBHAI PATEL

JUDGEMENT

(1.) First Appeal No.1016 of 2018 has been filed by the appellant-wife challenging the judgement and order dtd. 11/10/2017 passed by the Principal Judge, Family Court, Vadodara, in Family Suit No.1188 of 2010. Family Suit No.1188 of 2010 was filed by Dinesh Jasbhai Patel-the husband, the respondent in First Appeal No.1016 of 2018 by which he prayed for a decree of divorce under Sec. 13 of the Hindu Marriage Act on the ground of desertion and cruelty. By the aforesaid judgement and order, the suit of the plaintiff husband was allowed. The marriage between the appellant and the respondent was directed to be dissolved. Hence, the appeal by the wife.

(2.) First Appeal No.1957 of 2018 has been filed by the husband-original plaintiff challenging only that part of the judgement and order by which, the husband has been directed to pay Rs.6000.00per month to the wife towards her maintenance amount and Rs.4000.00 for the maintenance of minor daughter Shreeja.

(3.) Facts in brief indicate that it was the case of the husband - Dineshbhai Patel that having married the appellant of First Appeal No.1016 of 2018 on 4/2/2006, he found that on one or the other pretext, the appellant-wife would leave the matrimonial home which happened from February 2008 without reasonable cause and therefore, the husband is entitled to a decree of divorce on the ground of desertion. It was his case too that the wife having carried out abortion without his consent, tantamounted to mental and physical cruelty. After examination of witnesses on behalf of the wife and the husband, the Family Court came to the conclusion that the parties had no good relations from the date of separation and from the perusal of the entire testimony of witnesses of both parties, the Trial Court found that the couple was only for some time interested to stay together and therefore it was not possible to resolve the dispute. The marriage appeared to be broken without any possibility of reunion and therefore, the decree of divorce was passed.