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Naaistam
Celebrity Bewarse
Username: Naaistam

Post Number: 40224
Registered: 07-2005
Posted From: 180.215.64.24

Rating: N/A
Votes: 0

Posted on Thursday, April 25, 2013 - 11:18 am:   

Expanding envelop of mental cruelty for men to seek divorce; a view by Hon’ble HC of Gujarat.

Gujarat HC on 22-04-2013 rules that wife not allowing her in-laws to stay with her and her husband can be a ground for divorce under mental cruelties to husband………..

Source:
http://www.dnaindia.com/ahmedabad/1826082/report-saas-bahu-stories-are-not-alway s-funny-some-end-in-divorce

================================================================

Caution:-
All victim husbands from Gujarat may use this Judgment if facts are similar to their advantage in under 3 months time as chances of last red para being Appealed before Hon’ble SC is quite HIGH. The ld. Advocate appearing for Respondent Wife has already managed 3 months suspension for Husband not to get himself re-married while Oral judgment was being announced in Hon’ble CJI Court. I feel she is moving to Hon’ble SC. So make sunshine before Hon’ble SC may reverse last para in this Judgment of Gujarat HC.

FIRST APPEAL NO. 212 of 2013

FOR APPROVAL AND SIGNATURE:

HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA

and

HONOURABLE MR.JUSTICE J.B.PARDIWALA

================================================================



1


Whether Reporters of Local Papers may be allowed to see the judgment ?


2


To be referred to the Reporter or not ?


3


Whether their Lordships wish to see the fair copy of the judgment ?


4


Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?


5


Whether it is to be circulated to the civil judge ?


===============================================================

MITESH NAVINBHAI BHATT....Appellant(s)

Versus

PARUL M BHATT D/O CHHELSHANKAR TRIVEDI....Defendant(s)

================================================================

Appearance:

MR AY KOGJE, ADVOCATE for the Appellant(s) No. 1

MS KJ BRAHMBHATT, ADVOCATE for the Defendant(s) No. 1

MS VARSHA BRAHMBHATT, ADVOCATE for the Defendant(s) No. 1

================================================================

CORAM:


HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA


And


HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 22/04/2013

CAV JUDGEMNT

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

This appeal under Section 19 of the Family Courts Act, 1984 is at the instance of a husband in a Suit for Divorce, and is directed against the judgment and decree dated 13th April, 2012, passed by the learned Judge of the Family Court, Surat, in Hindu Marriage Petition No. 412 of 2008 (Old HMP No. 145 of 2006), thereby dismissing the petition for divorce.

2. Being dissatisfied, the husband has come up with the present appeal.

3. The husband-appellant filed a Suit for divorce, being Hindu Marriage Petition No. 412 of 2008 and the case made out by the appellant may be precise thus:

a) The parties were Hindus and were marri

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