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2017 Supreme(Guj) 926

HARSHA DEVANI, A.S.SUPEHIA
Shilpaben Ashishkumar Bhatt – Appellant
Versus
Ashishkumar Dilipbhai Bhatt – Respondent


Advocates Appeared:
For the Appellant : Amrish K. Pandya and Ashit J. Vyas
For the Respondents: Hriday Buch

JUDGMENT :

A.S. Supehia, J.

1. The applicant-husband has filed Civil Application No. 4518 of 2017 in the main first appeal seeking a relief to grant decree of divorce to the applicant-husband under Section 13(1)(i), (i-a) and (i-b) of the Hindu Marriage Act, 1955 ('the Act' for short). The first appeal is filed by the appellant-wife challenging the judgement and order dated 30.01.2012, passed by Family Court, Ahmedabad, wherein and whereby the petition filed by the petitioner, the appellant herein, for dissolution of marriage was dismissed, which is under challenge in the present first appeal.

2. By order dated 20.03.2012 this Court admitted the aforesaid first appeal.

3. The brief facts culled out from the record of the appeal are that:

3.1 The marriage between the parties was solemnized on 03.12.1995 at Vadodara according to Hindu rites and rituals and after marriage, they lived together for some time at Ahmedabad and from the wedlock, two children, namely, Chinmay and Viha were born. The allegations are that the appellant-wife was mentally tortured by the respondent-husband for some or other reasons from 1996 to 2009. The appellant was also physically attacked and main reason for it















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