RAJESHBHAI HARSHADBHAI JAISWAL Vs. DAXABEN RAJESHBHAI JAISWAL

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 10.05.2013 by Additional Family Court, Vadodara in Family (HMP) Suit No.53 of 2010. Under this judgment and order, the application for divorce under Section 13(1) (i-a) of the Hindu Marriage Act filed by the husband came to be dismissed and hence, the husband is in appeal before this Court.

(2.) The facts in brief are that the appellant and the respondent (hereinafter referred to as "the husband" the "the wife") entered into a marriage on 11.05.1993 as per the rites and rituals of Hindu community at village Pore in Vadodara. Out of matrimonial wedlock, a male child was born in the year 1994.

(3.) Learned Advocate for the appellant-husband, referring to the pleadings, submitted that though the husband had performed his part of duty towards marriage, when the wife was pregnant, had gone to her parent's place and did not return even after an attempt was made by the husband and his family members to bring her back. It is also submitted that an attempt for reconciliation was also made with the help of senior members of the community. At that time, for a brief period, the wife did return to matrimonial house, but again left matrimonial house and started residing with her parents.