A.V. Vs. P.

JUDGEMENT

(1.) The present appeal under Section 19 of the Family Courts Act, 1984 arises out of the judgment and decree dated 10.11.2017, passed by the learned Family Court, Saket Courts, New Delhi in HMA No.269/2012, whereby the divorce petition instituted on behalf of the respondent (hereinafter referred to as the 'wife') against the appellant (hereinafter referred to as the 'husband'), on the grounds of cruelty, was allowed and the marriage between the parties was dissolved under Section 13(1)(ia) of the Hindu Marriage Act, 1955 with immediate effect.

(2.) The solitary submission made on behalf of the husband is that the wife has been unable to establish her case that the husband had treated her with cruelty, as is evident from the circumstance that the husband has been discharged by the concerned Metropolitan Magistrate in FIR No.161/2012 on 28.03.2016 for offences under Sections 498A/406/354/34 of the Indian Penal Code, 1860, instituted on behalf of the wife.

(3.) Although learned counsel appearing on behalf of the wife states that the said order dated 28.02016 has been carried in appeal by the State, which is pending adjudication, in our view the said circumstance may not be relevant, inasmuch as, in the present proceeding the impugned judgment and decree has been rendered on a finding that the husband treated the wife with extreme cruelty.