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2022 Supreme(Guj) 926

SONIA GOKANI, NISHA M. THAKORE
Alpaben Ambalal Patel – Appellant
Versus
Ashokkumar Chandulal Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR KV SHELAT
For the Respondent: MR MAHESH BHAVSAR, MRS HM BHAVSAR, SONAL J. BHAVSAR

JUDGMENT :

SONIA GOKANI, J.

1. The appellant has preferred the present appeal against the judgment dated 15.11.2014 passed by the learned Principal Senior Civil Judge, Gandhinagar in Hindu Marriage Petition No.8 of 2014, filed on 17.11.2009 by respondent-husband herein under Section 13(1)(a) of the Hindu Marriage Act, 1955 (‘the Act’ hereinafter) on the ground of mental cruelty and desertion, which is in challenge in this First Appeal.

2. Brief facts in capsulized form are as follow:

2.1 The marriage between the parties, who are both primary school teachers was solemnized on 06.05.1993 as per the Hindu Customs and traditions at Prantij. On 03.07.2006, the appellant gave birth to a baby boy named Pratyaksha at her parental home, where she had gone for her delivery in the month of February 2006. She went back to her matrimonial home at Lavarpur after delivering the baby boy.

2.3 It is the allegation of the appellant-wife that she was illegally driven out from matrimonial home in village Lavarpur and had to stay with her parents in Gandhinagar in the year 2006 and she came back to her matrimonial home in 2009 prior to the filing of the Hindu Marriage Petition on 17.11.2009. It is the alleg

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