ARUN KUMAR AGARWAL Vs. RADHA ARUN

JUDGEMENT

(1.) BY the above appeal, the appellant herein intends to challenge the Interim Order dated 30-1-2001 of the Family Court, Bangalore city made in G and WC No. 3/2000, rejecting appellant's application i. e. , I. A. No. 13 that was made therein by him praying that the learned Judge of the Family Court may be pleased to take action against respondent herein for her prosecution for the offences under Sections 191 and 193 of IPC for the reasons stated in his accompanying affidavit.

(2.) THE facts appearing from record in this appeal may be stated as under :-

(3.) IN December, 1999, the wife filed a petition under Sections 7 and 8 of the Guardians and Wards Act (the "act" for short) in G and WC No. 1/1999 in the Family Court at Bangalore praying for a decree against her husband; declaring that, her husband is unfit to be a natural guardian of their said minor children and further declaring that, the wife is the fit and proper person to be their guardian and to appoint her as the guardian of said minor children. After furnishing necessary details of their marriage and the required information at paragraphs Nos. 1 to 7 of the petition, it is averred by the wife at paragraph 8 thereof that her marriage with her husband became a non-starter from the beginning. Two days prior to their wedding it was discovered by her that her husband was living with another woman named Sita Tiwari and she was about to give up the idea of marrying him. But she was assured by him that he would correct himself and she did not bother about his affair with the said Sita Tiwari. After marriage their marital life was normal for a couple of years, although there had been many ups and downs in their married life on account of respondent's attitude and behaviour.