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2024 Supreme(Guj) 1317

BIREN VAISHNAV, NISHA M. THAKORE
Shaily Kunal Agrawal – Appellant
Versus
Kunal Nandlal Agrawal – Respondent


Advocates Appeared:
For the Appellant : Mr. Jal Soli Unwala, Senior Counsel with Ms. Zeal H. Shah.
For the Defendant :Mr. Bhadrish Raju, Advocate with Dhanesh R. Patel.

ORDER :

Biren Vaishnav, J.

1. This appeal has been filed by the wife, Shaily Kunal Agrawal, challenging the order dated 29.03.2024 passed by the Family Court, Ahmedabad. By the aforesaid order, the Family Court rejected the application Exh.66 filed by the wife in Family Suit No. 1963 of 2021. Family Suit No. 1963 of 2021 has been filed by the respondent – Kunal Agrawal for divorce from the appellant under the provisions of Sec.13(1)(ia) & (ib) of the Hindu Marriage Act.

2. Facts in brief are as under:

2.1 Hindu Marriage Petition No. 1963 of 2021 has been filed by the husband before the Family Court on 14.09.2021 praying that he be granted a decree of divorce. The family suit is pending before the Family Court. The case of the husband is that he married the respondent / appellant – wife in the year 2015. The marriage has broken and therefore he desires a decree of divorce.

2.2 To this application, the appellant – wife filed a response in July 2022 denying the allegations in the application. The appellant filed an application under Sec.24 of the Hindu Marriage Act, seeking maintenance for herself and her son in the pending family suit. She prayed that the respondent – husband be directed

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