KAMINIBEN MANGALDAS SHAH Vs. BHARATBHAI RASIKLAL SHAH

JUDGEMENT

(1.) Heard learned counsel Mrs. Nisha Parikh for the appellant - wife and Mr. Kinariwala for the opponent husband. Mr. Kinariwala supported the judgment and order passed by the learned Judge and submitted that it does not require any interference by this court in this appeal.

(2.) The opponent - husband filed Family Suit No.344 of 2001 before the Family Court at Ahmedabad for obtaining decree of dissolution of marriage with his wife - present appellant on the ground of cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955. The said suit was allowed by Mrs. L.R. Abichandani, learned Judge, Family Court No.2, Ahmedabad by her impugned judgment and order dated 31st July, 2002 whereby she ordered that the marriage solemnised between the husband and wife is declared to be dissolved from the date of decree on the grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the Act').

(3.) The appellant - wife married with the respondent - husband on 10th July, 1997 as per Hindu rites and rituals but soon after the marriage, quarrel started and according to the appellant - wife in this appeal, her husband had driven her out from his house on 14th March, 1998 when she was running pregnancy of two months. Thereafter, on 15th October, 1998, she gave birth to a baby girl 'Mansi', while remaining at her parents' house. However, her husband never bothered either about his wife or his daughter and instead of maintaining them, approached the Family Court by way of H.M.P. (Family) Suit No.344 of 2001 before the Family Court at Ahmedabad under Section 13 of the Act. The said suit was filed on 11th June, 2001. Summons was issued to the wife for remaining present on 3rd July, 2001 which could not be served upon the wife. It was served for the first time on 25th October, 2001. Accordingly, on 26th December, 2001, she did remain present before the court but on that day, the husband was not present and the matter was adjourned as the Presiding Officer of the court was on leave. We find from the certified copy of the Rojkam produced by Mrs. Parikh for the wife that on the next date i.e. on 28th January, 2002, right of the respondent wife before the Family Court to file reply to the divorce petition was closed by the learned Judge of Family Court as on that day, the wife was not present before the court. Thereafter, the matter was adjourned to 25th February, 2002. On that day also, the wife was not present and in her absence, issues were framed by the learned Judge and the matter was kept for evidence on 4th March, 2002. But on 4th March, 2002, no one was present due to disturbed situation in the city on account of riots and the matter was kept on 24th April, 2002. On 24th April, 2002, the wife was not present and the matter was kept on 28th June, 2002. On 28th June, 2002, the matter was kept on 16th July, 2002 in absence of the wife. On 16th July, 2002, in absence of the wife, the learned Judge recorded the evidence of the husband and closed the evidence. On behalf of the applicant husband, affidavit was filed by way of an evidence and the applicant - husband was heard and the matter was kept for judgment on 31st July, 2002. On 31st July, 2002, as stated earlier, the learned Judge of the Family Court allowed the petition of the husband and passed decree of divorce on the grounds of cruelty and desertion against the opponent - wife.