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2016 Supreme(Online)(Guj) 8

GUJARAT HIGH COURT
Judge, J
Gaurav – Appellant
Versus
Hemangi – Respondent


Table of Content
1. petition initially dismissed due to alleged insufficient separation period. (Para 1 , 3)
2. conciliator's report counters dismissal claim. (Para 4)
3. final ruling allows appeal for divorce after addressing technical error. (Para 5 , 6)

1. Gaurav and Hemangi, who had instituted Family Suit No. 182 of 2015, have felt aggrieved by the judgment and order passed by the learned Judge, Family Court No.3, Ahmedabad, Dated:
19.08.2015, whereby, the Court below dismissed the petition filed under S.13B of the Hindu Marriage Act, 1955 (for short, 'the Act'), on the ground that before the learned Judge both the petitioners, therein, orally conveyed that they have been staying separately since 31.12.2014, meaning thereby a period less than statutory period of one year of separation prior to filing of the petition, and therefore, the Court below came to the conclusion that the petition is not maintainable and dismissed the same.

2. Here, it may be noted that, though, Gaurav and Hemangi had jointly filed the petition under S.13B of the Act before the Court below, Gaurav has been shown as the appellant, whereas, Hemangi has been shown as opponent in the present appeal, and hence, l















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