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2013 Supreme(Guj) 155

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Pramodkumar C. Shah – Appellant
Versus
Rajulaben Pramodkumar Shah – Respondent


Advocates appeared:
Mr. M.B. Gohil, Advocate for the Appellant
Mr. Suresh S. Patel, Advocate for the Defendant

Judgment

MR. J.B. PARDIWALA, J.

1. This appeal under Section 19 of the Family Courts Act, 1984, is at the instance of a unsuccessful plaintiff-Husband in a suit for divorce under the Hindu Marriage Act and is directed against the judgment and decree dated 27.02.2009, passed by the Family Court, Ahmedabad, in Family Suit No.437 of 2000 by which the Family Court dismissed the suit.

2. At the outset, we may state that first in point of time the present appeal was taken up for hearing by a Division Bench of this High Court on 11th September, 2009. The Division Bench took the view that the parties had married in the Year-1982 and were estranged from each other since 1991. The Division Bench took the view that the marriage between the parties solemnized on 15.02.1982 had broken beyond repairs and it was the case of irretrievable break down of marriage. The Court also took the view that there was no possibility of reconciliation after nearly 20 years of separation and in such circumstances the Family Court ought to have passed a decree for divorce. The Court, in the circumstances, awarded monthly maintenance of Rs.10,000/- in favour of the wife and passed a decree dissolving the marriage bet












































































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