JUDGMENT :

1. As per the record, the party respondent herein as a plaintiff, had filed a suit under section 34 of the Specific Relief Act, 1963 for declaration of divorce on the basis of customary divorce deed dated 23.07.2017. The suit came to be rejected on 05.12.2018 by the Principal Senior Civil Judge, Khambhat. Aggrieved by the same judgment and order, the plaintiff filed Regular Civil Appeal No.73 of 2020 before the Additional District Judge, Khambhat, which also came to be dismissed on 18.03.2021 by 6th Additional District Judge, Khambhat.

2. Aggrieved by both the orders, the defendant of the suit is before this Court as an appellant in Second Appeal contending that both the courts have failed to consider the fact that the matrimonial ties between the parties are governed by the customs of the community, which has taken a force of law because of long usage, and the said fact of prevailing customs would be proved by the evidence of the parties.

3. Advocate Mr. Muhammadyusuf M.Kharadi for the appellant submitted that since the substantial question of law arose on the decision of both the courts, therefore, the appellant being a defendant of the suit was constrained to file the pr