(1.) [*** *** ***]
(2.) Anilkumar (husband) filed Hindu Marriage Petition No. 175 of 1986 in the Court of the Assistant Judge, Surat for obtaining decree of dissolution of his marriage with the opponent Sunita (wife) on the ground that his wife treated him with cruelty, as per the ground available under Sec. 13(l)(ia) of the Hindu Marriage Act, 1955 on the allegations that the respondent was having attacks of fit, she used to pick up quarrels frequently, she attempted to commit suicide and she filed false complaints. The learned trial Judge by his judgment and decree dated 9.8.1989 decreed the husband's petition and granted the prayer of divorce as prayed for by him declaring that the marriage of the parties to that petition would stand dissolved.
(3.) Since the wife prayed for permanent alimony, the learned trial Judge also granted permanent alimony in the sum of Rs. 1,000/- p.m. till she would remarry. The wife carried the matter in appeal before the learned District Judge, Surat by filing Regular Civil Appeal No. 48 of 1989. The learned Joint District Judge by his consolidated judgment and decree dated 27.6.1991 allowed the wife's Regular Civil Appeal No. 48 of 1989 and set aside the decree for divorce passed by the learned Assistant Judge, Surat in Hindu Marriage Petition No. 175 of 1986 filed by the husband. He has, therefore, challenged such dismissal of his divorce petition in Second Appeal No. 100 of 1992 under Sec. 100 of the Code of Civil Procedure before this Court.
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