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1965 Supreme(Guj) 24

P.N.BHAGWATI, M.U.SHAH
UMIYABEN D/o CHHOTABHAI TALSIBHAI – Appellant
Versus
AMBALAL LAXMIDAS – Respondent


Advocates Appeared: R.C.MANKAD, S.B.VAKIL

P. N. BHAGWATI, J.

( 1 ) THIS appeal raises a rather difficult question relating to construction of sec. 28 of the Hindu Marriage Act 1955 Some three years back this Court had occasion to observe in regard to this Act that it is a piece of legislation which is not noted for accurate or artistic draftsmanship and this is yet another occasion where we are constrained to make the same observation. The question of construction which arises is whether there is a right of second appeal from a decree passed by the District Court in appeal from a decree passed by the Civil Judge Senior Division in a proceeding for judicial separation under sec. 10 of the Act. The question is a question of some importance because the effect of its decision would not be confined merely to a proceeding for judicial separation under sec. 10 but would extend also to other proceedings under the Act. The appellant who is the original plaintiff filed a petition against the respondent her husband who is the original defendant for judicial separation under sec. 10 on two grounds namely (1) that the respondent had deserted the petitioner for a continuous period of not less than two years immediately preceding the pres















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