BHAVNA VANMALIBHAI RATHOD Vs. DINESH

JUDGEMENT

(1.) By way of this appeal, the appellantoriginal respondent has challenged the judgment and decree dated 15.02.2011 passed in Family Suit No.715 of 2007 by the Family Court No.2, Ahmedabad, whereby the Family Court has allowed the said divorce petition and ordered that the marriage solemnized between the petitioner and respondent has been declared to be dissolved on the ground of cruelty and desertion under Section 13(1) (ia) and 13(1) (ib) of the Hindu Marriage Act, 1955.

(2.) The facts, in brief, are that the marriage between the present appellant and respondent solemnized on 18.1.1989 according to Hindu rites and rituals and out of the said wedlock, two children were born. The relationship between the appellant and the respondent was stated to be strained. Therefore, the respondenthusband filed divorce petition being Family Suit No.715 of 2007 before the Family Court. The Family Court vide impugned judgment and decree dated 15.02.2011 allowed the said petition. Hence this appeal is filed by the appellantwife.

(3.) Learned advocate for the respondenthusband has brought to our notice that though the judgment and decree is passed by the Family Court on 15.02.2011 but the present appeal is filed by the appellantwife only on 7th June, 2012 i.e. after about one year and three months. He also submitted that the respondenthusband after waiting for one year has now remarried and is established with his new family. In support of his contentions, the learned advocate for the respondenthusband has produced on record the photographs and agreement of marriage.