Dipenbhai Harkishanbhai Atara vs The State Of Gujarat on 28 August, 2019
In case of Krishnaben w/o Dipenbhai Atara v. State
of Gujarat and 1 others, reported in 2019(3) GLR 2313,
relied upon by the learned advocate for the respondent no.2
would not be helpful to the respondent husband as the facts of
the present case and of the cited case was quite different. In
the cited case, husband had examined independent witnesses
for the statement that he had tried to bring back her wife.
There was clear finding of the lower court after appreciation
of the evidence on record that husband had no deserted the
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R/CR.RA/778/2019 CAV JUDGMENT
wife but she had willingly left her marital home, and
therefore, the petitioner was partly allowed. There was
sufficient reason with the wife to refuse to stay with the
husband. Benefit of Section 125(4) would not be available to
the husband, as he has made his offer to bring his wife at her
marital home. Refusal to stay with the husband by the
petitioner, she has sufficient grounds as she was ill-treated by
him as well as his family members disliked of born of female
child by the petitioner also would be a ill-treatment given to
her.