Gujarat Court April 1984 Judgments

Kamuben Bhimabhai Vs. Lakhabhai Vithalbhai

Court: Gujarat

Reported in: (1984)2GLR1222

D.H. Shukla, J.1. The appellant, Kamuben Bhimabhai, was the opponent in Hindu Marriage Petition No. 13 of 1979 which was filed by the respondent, Lakhabhai Vithalbhai, for divorce under Section 13 of the Hindu Marriage Act, 1955. The divorce was sought for by the respondent on the ground of legal cruelty and desertion for a continuous period exceeding two years immediately preceding the presentation of the petition. The learned trial Judge did not grant the relief of divorce to the respondent, but instead granted him a decree of judicial separation from the appellant. Hence, the present appeal is filed by the appellant.2. When the matter was taken up for hearing Mr. G. D. Bhatt, the learned Advocate for the respondent herein, raised a preliminary objection to the effect that the order of judicial separation was passed by the Extra Assistant Judge, Narol and that an appeal from the judgment and order of the Extra Assistant Judge would lie to the District Judge at Narol and not to the Hi...