SANDEEP N. BHATT, N. V. ANJARIA
Ashwin Yashvantray Dave – Appellant
Versus
Sarita Ashwinbhai Dave D/o Tuljashankar Dave – Respondent
JUDGMENT :
N.V. Anjaria, J.
As the issue in this First Appeal for the purpose of disposal and for doing justice to the parties lie in narrow compass, the appeal was taken up for final consideration today as per the request and consent of the learned advocates for the parties.
1.1 Having regard to the admitted aspect on which the appeal is dealt with, it was not necessary to have recourse to Record and Proceedings.
2. Preferred under section 96 of the Civil Procedure Code read with section 19 of the Family Courts Act, 1984 read with section 28 of the Hindu Marriage Act, 1955, this appeal is directed against judgment and decree dated 29.03.2022 passed by the learned Principal Judge, Family Court, Jamnagar in Family Suit No. 94 of 2019.
2.1 It was the suit filed by the plaintiff husband-respondent herein under section 13(1) (i-a) of Hindu Marriage Act, 1955 for dissolution of marriage. The prayer for dissolution of marriage on the ground of cruelty was rejected and accordingly, suit was not entertained.
3. The case of the plaintiff, noticing in brief, was that as the marriage with respondent-appellant herein was registered on 13.04.2015 in Jamnagar. It was the third marriage of the wife. Ou
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