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2023 Supreme(Guj) 62

BIREN VAISHNAV
Hiral Valjibhai Bhua – Appellant
Versus
Manjulaben Manjibhai Savaliya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Pratik Y Jasani
For the Respondent:Mr Jay B Trivedi, AGP, Mr Hriday Buch, Advocate For Mr Pinank J Raiyani

JUDGMENT :

Rule. Learned AGP Mr. Jay B. Trivedi waives service of notice of Rule for respondent No.8 while Mr. Pinank Raiyani, learned advocate waives service of notice of Rule for respondent No.1.

1. By way of this Petition under Article 226 of the Constitution Of India, the Petitioner has challenged the Order dated 9.11.2021 passed by the Presiding Officer Tribunal and Sub-Divisional; Magistrate, Gondal and the Order dated 21.03.2022 in Appeal No.3 of 2022 passed by the District Collector Rajkot (Appellate Tribunal), by which, the directions have been issued to evict the petitioner from her matrimonial home.

2. The facts in brief are as under:

2.1. It is the case of the Petitioner that she was married to one Lakshitbhai Manjibhai Savaliya on 25.2.2022 at Village Devgam. The husband is a Dentist practicing at Gondal. It is her case that she was residing with him at the “premises in question” or “shared household”.

2.2. The petitioner - wife and the husband are engaged in several litigations inasmuch as FIRs have been filed by him as well as the petitioner and the Petitioner was once arrested in the case of an FIR filed by her husband and then released on bail. Proceedings under the Pro

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