PRAVINSINH HIMMATSINH SOLANKI Vs. INDUBEN SOLANKI W/O. PRAVINSINH HIMMATSINH AND D/O. SAJJANSINH NAVALSINH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgement and order passed by the learned Family Court, Godhara in Hindu Marriage Petition No. 139 of 2010 (Old HMP No. 7 of 2010) dated 30/6/2015, by which the learned Judge has dismissed the Hindu Marriage Petition on the ground that the appellant herein - husband - original opponent has failed to pay arrears of maintenance to the respondent wife.

(2.) Facts leading to the present appeal, in nutshell, is as under :-

(3.) Ms. Dharitri Pancholi, the learned advocate appearing on behalf of the appellant herein - husband has vehemently submitted that as such, before dismissing the Hindu Marriage Petition on the ground that the appellant has not paid the interim maintenance as per the order passed below application Ex.33, no opportunity has been given to the appellant husband asking that on failure to clear the arrears of maintenance, Hindu Marriage Petition shall be dismissed.