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2014 Supreme(Guj) 148

M.R.SHAH, R.P.DHOLAKIA
BEENA W/O KALPESHBHAI AMRUTLAL LAVINGIA – Appellant
Versus
KALPESHBHAI AMRUTLAL LAVINGIA – Respondent


Advocates:
Advocate Appeared:
MR MTM HAKIM, ADVOCATE for the Appellant(s) No. 1 MR P.P. MAJMUDAR, ADVOCATE for the Defendant(s) No. 1 MR SP MAJMUDAR, ADVOCATE for the Defendant(s) No. 1

JUDGMENT

M.R. SHAH, J.

1. Present appeal under section 19 of the Family Courts Act, 1984 has been preferred by the appellant herein – original claimant/petitioner challenging the impugned order dated 1/3/2013 passed by the learned Family Court, Vadodara, below Ex.18 in HMP No.362 of 2011 by which the learned Family Court has allowed the said application preferred by the respondent herein and has dismissed the aforesaid HMP No.362 of 2011 under Order 7 Rule 11 of the of the Code of Civil Procedure.

2. The appellant herein – original applicant/petitioner had instituted HMP No.362 of 2011 in the court of learned Family Court, Vadodara against the respondent herein under section 10 of the Hindu Marriage Act, 1955 for judicial separation on the ground of cruelty and other reasons and for incidental reliefs. That in the said petition, it was averred by the appellant herein – original claimant that she is lawfully married wife of the respondent/opponent. That the marriage between the parties had taken place at Status Hotel, Ellora Park, Vadodara on 19/6/2003 as per the Hindu rites and Saptapadi (i.e. taking seven steps by the parties to the petition jointly). It was further averred in the pl

























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