GUJARAT HIGH COURT
Nisha Parikh, J
Amrish K. Pandyajayantilal Patel v. Jayantibhai Sankabhai Patel
| Table of Content |
|---|
| 1. challenge of divorce decree on cruelty and desertion (Para 1 , 2) |
| 2. arguments regarding maintenance and treatment of the appellant (Para 3 , 4) |
| 3. court observes the past litigations and considers separation duration as evidence of cruelty (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. final decision of appeal ruling the original decree remains (Para 14 , 15) |
1. The challenge in this appeal is the judgment and decree passed in Family Suit No.457 of 2012, whereby the marriage solemnized between the appellant and the respondent has been dissolved with effect from the date of decree on the ground of cruelty and desertion under Section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 .
2. The appeal arises in the following factual background.
2.1 The marriage of the appellant with the respondent was solemnized on 12.05.1967 at Dahegam as per the Hindu Rights and Rituals. They lived as husband and wife peacefully.
2.2 It is the case of the appellant that after sometime there used to be quarrel on the part of the respondent, the insult and torture that she needed to suffer in front of the family members had eventually resulted into her leaving matrimonial home to her
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