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2023 Supreme(Guj) 318

ASHUTOSH SHASTRI, NISHA M. THAKORE
CHETANKUMAR AMRATLAL PATEL – Appellant
Versus
JAYSHREEBEN PATEL D/O JAGJIVANBHAI AMBARAM PATEL – Respondent


Advocates:
Advocate Appeared:
For the Appellants : HARDIK H. DAVE, UJJWAL R. SAREEN.
For the Respondent: DWIJEN S. PANDYA.

ORDER :

1. By way of present appeal under Section 96 of the Code of Civil Procedure, the appellant original plaintiff has challenged the legality and validity of judgment and order dated 14.10.2022 passed by the learned Principal Judge, Family Court, Mehsana in Family Suit No. 41 of 2022.

2. The brief background of present appeal is that the appellant herein has filed Family Suit No. 41 of 2022 before the learned Principal Judge, Family Court, Mehsana praying inter-alia for declaration that marriage between the defendant and the present appellant was dissolved by virtue of Divorce Deed dated 20.03.2015 through customary divorce which is a well recognized custom prevailing in the community where both the parties are belonging to ‘Kadva Patel’ community and as such, suit came to be filed.

2.1. The appellant got married to the defendant on 11.12.2009, but on account of stiff differences of opinion and lifestyle, dispute arose between them and the situation of irrevocable nature erupted which has resulted into irretrievable breakdown of marriage life between the appellant and the defendant. Despite the efforts made by the family members and the community members, marriage issue could not

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