SMT. MAMTA RAI Vs. YOGENDRA KUMAR RAI

JUDGEMENT

(1.) This is a wife's appeal, challenging the order dated 23.07.2016, passed by the Family Court, Dehradun, whereby her application filed under section 24 of Hindu Marriage Act, in Suit No.932 of 2014, for dissolution of marriage has been rejected, and the case has been directed to be fixed for filing of written statement and framing of issues.

(2.) The respondent herein on 01.12.2014, had instituted a suit being Suit No.392 of 2014, for dissolution of marriage, which is said to have been solemnized on 09.11.2008. The said marriage was claimed to have been registered before the Registrar of Marriages, although the propriety of the registration has been questioned by the respondent (husband). The misunderstanding between the parties to the Section 13 proceedings has erupted more when according to the husband, the appellant before this Court has instituted the proceedings by lodging the FIR under Section 498(A), 504, 506 of IPC in Cantt Thana. Subsequently, in collusion with the police officials she also falsely got the husband robed in the proceedings under Section 376, with a sole intention to harass the family and entrapped them in criminal cases and also to malign the social image of the family.

(3.) It is the case of the husband that the learned Sessions Court after finding that the criminal allegations as leveled under Section 498A, 504, 506, 376, being based on false allegations, dismissed the proceedings and the respondent was acquitted honourably. The said issue is pending consideration in an appeal before this Court.