REKHABEN Vs. GAURANGBHAI DILIPBHAI RAVAL

JUDGEMENT

(1.) With the consent of learned advocates appearing for the respective parties, the appeal is taken-up for final hearing today.

(2.) By way of present appeal under Sec. 19 of the Family Courts Act , the appellant - original respondent wife has challenged the judgment and order dtd. 3/9/2016 passed in Family Suit No.139 of 2013 by which the learned Judge, Family Court No.4, Ahmedabad has accepted the suit filed by the respondent husband under Sec. 9 of the Hindu Marriage Act and passed decree therein for restitution of conjugal rights.

(3.) Ms. Tejal K. Shah, learned advocate for the appellant would submit that before the respondent wife could file the written statement before the Family Court, the proceedings have been decided ex-parte. She, therefore, would submit that the judgment and order impugned may be quashed and set aside and the matter may be remanded for afresh consideration. She further submits that the written statement shall be filed in the said suit as early as possible and preferably within 60 days hereinafter.