DAULAT RAM GUPTA Vs. USHA GUPTA

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 impugns the judgment [dated 13th October, 2010 in HMA No. R 176/2006 of the Court of Additional District Judge-01 (West), Delhi] of dismissal of a petition for dissolution of marriage by a decree of divorce under Section 13(1)(ia) and (ib) of the Act filed by the appellant / husband.

(2.) The appeal came up first before this Court on 4th March, 2011 when notice thereof was ordered to be issued. The counsel for the respondent / wife has been appearing. On the last date of hearing i.e. 16th May, 2018, parties were referred to Mediation Cell of this Court. Mediation has been unsuccessful. The counsels for the parties have been heard.

(3.) The counsel for the appellant / husband argues, that one of the grounds pleaded by the appellant / husband as an instance of cruelty meted out by the respondent / wife to the appellant / husband was the filing of complaints by the respondent / wife against the appellant / husband of the offence of criminal breach of trust under Section 406 of Indian Penal Code, 1860 (IPC) and of the offence under Section 498A of the IPC. It is argued, that on the basis of the said complaint, an FIR was registered against the appellant / husband as well as his family members and they were prosecuted; while the appellant / husband and his family members have been acquitted of the offence under Section 406 IPC, the family members of the appellant / husband were also discharged of offence under Section 498A of the IPC but the appellant / husband during the pendency of this appeal has been acquitted in the FIR insofar as under Section 498A of the IPC and no appeal, has been preferred by the respondent / wife against the said discharge or acquittal of the appellant / husband. Attention is drawn to para no.7 of the judgment dated 19th December, 2012 of the Court of Metropolitan Magistrate-02, Dwarka Courts, New Delhi as under: