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2024 Supreme(Guj) 108

ASHUTOSH SHASTRI, HEMANT M. PRACHCHHAK
KANCHAN RAJESHKUMAR AHUJA D/O KANHAIYALAL KRIPLANI – Appellant
Versus
RAJESHKUMAR THNAWARDAS AHUJA – Respondent


Advocates:
Advocate Appeared:
For the Appellants : AMRITA A. PATEL, SANJAY G. UDHWANI.
For the Respondent: JAY R. SHAH.

ORDER :

1. By way of present Appeal, the appellant-wife has challenged the impugned judgment and ex-parte decree dated 10.12.2021 passed in Family Suit No. 780 of 2018 by the learned Judge, Family Court, Ahmedabad and whereby the learned Judge has allowed the suit and ordered to dissolve the marriage solemnized between the original petitioner-husband and original respondent-wife.

2. The brief facts giving rise to present appeal are that the marriage between present appellant-wife and respondent-husband was solemnized on 03.11.2007 as per Hindu rites and rituals. Thereafter, the appellant and respondent were staying together as husband and wife in USA and India and after some time, matrimonial dispute arose between the appellant and the respondent and, therefore, some time quarrel took place between them.

2.1 In view of aforesaid facts, the respondent-husband had filed Family Suit No. 780 of 2018 for decree of divorce against the appellant-wife under Section 13(1) of the Hindu Marriage Act, 1955 (herein after referred to as the “Act”). The Family Court vide order dated 10.12.2021 allowed the said Family Suit and ordered that marriage solemnized between the husband and wife dissolved on

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