CHETABEN ASHWINBHAI MAGANLAL VASA Vs. ASHWINBHAI MAGANLAL VASA

JUDGEMENT

(1.) Heard learned advocate Mr. Nilay Patel for the appellant. Though served, none appeared for and on behalf of respondent No.1.

(2.) The present appeal is filed by the appellant - wife challenging the judgment and decree of dismissal of suit for divorce. It is alleged by the plaintiff that the respondent - husband was job-less and all the time demanding money from her. It is also alleged in the plaint that the husband was in habit of drinking alcohol and also used to beat the appellant time and again, whereby, the husband was making physical and mental cruelty to the wife. As the husband was in debt, the relatives of the husband used to come and demand money.

(3.) The appellant - wife deposed at Exh. 12 and reiterated the averments made in the plaint. It is further submitted that in the cross-examination, nothing has come on record whereby the wife can be denied decree of divorce. It is further submitted that the husband though had submitted examination-in-chief, did not remain present for cross-examination. When the allegations made in the plaint are not rebutted by the husband by offering himself for cross-examination, the learned Family Court has committed an error by not believing the case of the appellant - wife.