In an appeal against a Family Court decree dismissing a petition for divorce on grounds of cruelty and desertion, the High Court affirmatively confirmed the lower court's finding that the appellant failed to prove either ground, dismissing the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/FA/3015/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3015 of 2017
With CIVIL APPLICATION NO. 1 of 2017
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RANCHODBHAI KANJIBHAI BHAGAT Versus
MEERABEN RANCHODBHAI BHAGAT D/O SUNJIBHAI RATHWA
========================================================== Appearance:
MR DHRUV K DAVE(6928) for the PETITIONER(s) No. 1 MR P P MAJMUDAR(5284) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and
HONOURABLE MR.JUSTICE B.N. KARIA
Date : 26/06/2018 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
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C/FA/3015/2017 ORDER
meantime, the couple had two children, a son and a daughter. The children remained with the mother for a long time. We are informed that now both of them have attained majority. The appellant is employed in IPCL. Respondent is in the State Police Department. Both being sufficient to financially lookafter themselves, no question of maintenance arises.
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C/FA/3015/2017 ORDER
long period and as many as 12 stitches had to be taken. The husband denied the allegation that he had assaulted the wife however, admitted that she was injured because of which, as many as 12 stitches had to be taken on her head. He however, offered no explanation as to how the wife had received such injury. The defendant also produced an FIR dated 01.01.2012 filed by her before Gorva Police Station alleging that on 18.05.2011 when she was doing household work at her house, the husband came from behind and assaulted her with sharp instrument causing serious injury.
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C/FA/3015/2017 ORDER
(AKIL KURESHI, J)
(B.N. KARIA, J)
JYOTI V. JANI
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2 issues framed by the court
Whether the appellant successfully proved cruelty or desertion to warrant dissolution of marriage.
Whether the primary facts of the case need to be remapped due to procedural irregularities.
RANCHODBHAI KANJIBHAI BHAGAT
MEERABEN RANCHODBHAI BHAGAT
AKIL KURESHI
B.N. KARIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
