VISHVABEN BHIKHUBHAI GAREJA Vs. ANILBHAI POLABHAI JORA

JUDGEMENT

(1.) Both First Appeal No.564 of 2012 and First Appeal No.565 of 2012 have been filed by the appellant-wife being aggrieved and dissatisfied with the common judgment and decree dated 8-9-2011 passed by the learned Principal Judge, Family Court, Junagadh, in Family Suit No.74 of 2010 and Family Suit No.155 of 2010 whereby the suit being Family Suit No.74 of 2010 filed by the wife under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for short) for divorce was dismissed while suit being Family Suit No.155 of 2010 filed by the husband under section 9 of the Act for restitution of conjugal rights was allowed.

(2.) Facts in short are that marriage of the parties was solemnized on 24-4-2003. During the course of marriage life, wife studied P.T.C. by remaining in the hostel. As her husband constantly avoided and abandoned her, she filed a petition being HMP No.36 of 2008 under section 13 of the Act for divorce before the learned Principal Civil Judge, Junagadh, which was transferred to Family Court at Junagadh being Family Suit No.74 of 2010. Husband also filed a petition being HMP No.10 of 2010 under section 9 of the Act before the learned Principal Civil Judge, Junagadh, which was also transferred to Family Court at Junagadh being Family Suit No.155 of 2010. Both the suits were heard together by the learned Family Court and after framing issues and on appreciation of evidence led by both the parties, suit filed by the wife was dismissed while suit filed by the husband was allowed, which is giving rise to the present appeals by the wife.

(3.) Heard learned advocates, Mr.Gateshaniya for the appellantwife and Mr.Amar Mithani for the respondent-husband.