(1.) The appellant Ramjibhai Lalbhai Patel Talod Taluka Prantij District Sabarkantha is the husband of the respondent Smt. Shantaben daughter of Manilal Jashkanbhai Patel. The appellant had filed H.M.P. No. 18/79 in the Court of the Civil Judge (S.D.) Ahmedabad (Rural) at Narol under Section 13 (1) (i) (b) of the Hindu Marriage Act 1955 as amended by Act No. 68 of 1976 to obtain a decree of divorce of his marriage with the respondent on the ground that she had deserted him for a continuous period of not less than two years immediately preceding the presentation of the petition. The perusal of the Rojnama discloses that on 19-9-1980 the record and proceedings were transferred from the Court of the Civil Judge (S.D.) Narol to the Extra Assistant Judge Narol under the orders of the District Judge. The matter was thereafter conducted and decided by the Extra Assistant Judge Narol who by his judgment and order dated 17 dismissed the petition with costs. Hence the appellant has preferred this appeal.
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