ALKA Vs. R K GAUTAM

JUDGEMENT

(1.) Aggrieved by the dissolution of marriage by the Additional District Judge, the appellant has preferred the present appeal.

(2.) . Mr.Kanwal Narain, learned counsel appearing for the appellant, at the outset has argued that Section 23 of the Hindu Marriage Act (hereinafter referred to as "Act") imposes a vital condition on the power and duty of the Court in the matter of granting any relief under the Act. The Court must reach its satisfaction on each of the matters in Clauses (a) to (e) of Section 23 (1) before it grants any relief including the relief based on the allegation of cruelty. Mr.Narain has argued that no such finding has been returned by the Additional District Judge and on this ground alone appeal has to be allowed. In support of his contentions, he has cited Anupama Misra v. Bhagwan Misra AIR 1972 Orissa 163, Dr.N G Dastane v. Mrs.S Dastane AIR 1975 SC 1534. Learned counsel for the appellant has contended that if a decree is to be passed under Section 23 of the Act, the satisfaction of the Court is to be on the record, it has not been mentioned in the impugned judgment that the Court has followed the mandate of Section 23 of the Act, the appeal of the appellant be allowed. In support of his contention he has cited Manilal Harjivandas v Gangaben Ganeshbhai AIR 1979 Guj 98 and Smt.Indira Gangele v. Shailendra Kumar Gangele AIR 1993 Madhya Pradesh 59.

(3.) . Another leg of the arguments of learned counsel for the appellant is that the finding of the Additional District Judge is not based on the evidence and specifically in this regard he has argued that on the one hand Trial Court mentioned in the impugned judgment that the appellant has bolted the door of the balcony, then how her father could have been on the balcony dragging her inside and persuading her not to jump from the balcony to commit suicide.