Amend The Written Statement
Amend The Written Statement
Equivalent Citation: 2021(6)ALD104, 2022(1)BLJ63, 2022(1)C GLJ67, III(2021)DMC 433SC , 2022(1)IC C 79, 2021(6)KLT57, 2021(4)RC R(C ivil)558
JUDGMENT
M.R. Shah, J.
1 . Feeling aggrieved and dissatisfied with the impugned common judgment and order
dated 27.09.2019 passed by the High Court of Gujarat at Ahmedabad in SCA No.
11379/2018 and SCA No. 16101/2018, by which the High Court has dismissed writ
petition being SCA No. 11379/2018 and has allowed SCA No. 16101/2018 and has
quashed and set aside the order passed by the learned Family Court dated 8.5.2018
passed below the application (Exhibit 281) in Family Suit No. 862/2007, the original
writ Petitioner in SCA No. 11379/2018 and the original Respondent in SCA No.
16101/2018 has preferred the present appeals.
2. The facts leading to the present appeals in nutshell are as under:
The marriage between the Appellant and the Respondent took place on
1.3.1987 according to the Hindu rites. Out of the said wedlock, they had a
child, named as 'Devashya' on 3.5.1990. The Appellant was also a doctor, but it
was the case on behalf of the Appellant that after the birth of the child she
stopped practising as a doctor and remained housewife. The dispute arose
between the husband and the wife and the Respondent-husband filed a Hindu
Marriage Petition No. 862 of 2007 before the learned Family Court Under
Section 13 of the Hindu Marriage Act for dissolution of marriage, mainly on the
ground that the Appellant-wife is guilty of cruelty. The learned Family Court
issued notice. The Appellant-wife appeared and filed reply (Exhibit 9) on
11.4.2008. A rejoinder affidavit was also filed by the Respondent-husband
(Exhibit 10) on 22.9.2008. The Appellant further submitted an affidavit-in-sur-
rejoinder as Exhibit 13 in the month of November, 2008. The Respondent-
husband also filed an affidavit of evidence on record. According to the
Appellant-wife, the Respondent-husband deserted her and their son on
9.2.2006 and the Respondent-husband refused to provide maintenance for her
and their son.