HIRJIBHAI BACHUBHAI GADHIYA Vs. KANCHANBEN HIRJIBHAI GADHIYA

JUDGEMENT

(1.) The present appeal is directed against the judgement and order dated 02.09.2013 by the Principal Judge, Family Court, Rajkot in Family Suit No. 24 of 2008. The family suit was filed by the husband-Hirjibhai Ghadiya under section 13 seeking divorce on the ground of desertion by the respondent. The family suit came to be rejected by the impugned order and hence, the husband has preferred the present appeal.

(2.) The facts in brief are that the appellant-husband herein entered into a marriage as per the Hindu rites and rituals with respondent-wife on 16.01985 (hereinafter to be referred to as husband and wife respectively) . Out of the wedlock, two daughters and one son were born. With the passage of time, the husband and wife started residing separately where the elder daughter and the son continued to reside with the husband whereas the youngest daughter resided with the wife. The basis for filing the petition for divorce by the husband was that since after the birth of the youngest daughter i.e. seven years prior to filing of the petition, the wife had withdrawn from the society of the husband without any valid reason thereby depriving the husband from his matrimonial rights.

(3.) During the course of the trial, evidence was led by both sides which included the oral evidence of husband and wife respectively and also various other proceedings between the husband and wife and the final judgement in such cases.