FA/138920/2000 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1389 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 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 ? ========================================================= SIDDHARTH BHUPENDRABHAI TRIVEDI - Appellant(s) Versus JIGNASA,W/O SIDDHARTH BHUPENDRABHAI TRIVEDI - Defendant(s) ========================================================= Appearance : MR BM MANGUKIYA for Appellant(s) : 1, RULE NOT RECD BACK for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 12/09/2008 ORAL JUDGMENT 1.0. This appeal is directed against the judgment and decree dated 27th April, 2000 passed by the learned trial Judge, in Family Suit No. 148 of 2000, whereby the said suit was dismissed. FA/138920/2000 2/3 JUDGMENT 2.0. The short facts of the case are :- 2.1. The marriage of the appellant and the respondent was solemnized on 26th August, 1993 as per the Hindu rites. As the respondent was an NRI, the respondent returned to America on 26th September, 1993. It is the case of the appellant that though several efforts were made to contact the respondent, none of them yielded any results. Thereafter, the appellant received communication dated 30th May, 2000 from the Office of the US Consulate General, Immigrant Visa Unit, informing him that the respondent has withdrawn his sponsorship. 2.2. It is the case of the appellant that though several attempts were made by him to save the marital life, the respondent had not supported at all. Therefore, the appellant preferred petition being HMP No. 482 of 1996 under the provisions of Sections 12 and 13 of the Hindu Marriage Act, before the City Civil Judge, Ahmedabad for annulment of marriage and divorce. The said Suit was transferred to the Family Court and renumbered as Family Suit No. 148 of 2000. 2.3. The learned trial Judge, after hearing the FA/138920/2000 3/3 JUDGMENT parties and after considering the evidence on record, dismissed the said suit. Hence, this appeal. 3.0. Learned counsel for the appellant has submitted that pending this appeal, the appellant has received a decree of divorce passed by the Second Judicial Court of the State of Nevada, in and for the Country of Washoe, dated 29th December, 2000 passed in Case of DV-01888, wherein the said Court has held that the final decree of divorce is drawn on the ground of incompatibility and that the marriage has been dissolved. 4.0. In view of the statement made by the learned advocate for the appellant and since the final decree has been drawn by the Second Judicial Court of State of Nevada, this appeal deserves to be allowed on the same terms, as stated in the said decree. Hence, the appeal is allowed in terms of the divorce decree drawn by the said Court. Decree drawn accordingly. No order as to costs. [K.S. JHAVERI, J.] /phalguni/