KANTILAL MOHANBHAI BHAGAT Vs. PRATIMABEN KANTILAL BHAGAT

JUDGEMENT

(1.) Appellant who is the original petitioner husband has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (for be referred to as 'the Act') read with Section 96 of the Civil Procedure Code challenging the judgment and decree dated 28.2.1994 passed by the learned City Civil Judge, Court No. 8, Ahmedabad in HMP No. 291/89, whereby the learned Judge dismissed me petition of the appellant-husband for divorce which was filed under Section 13 of the Act.

(2.) The appeal was admitted on 11.10.1995.

(3.) Respondent-wife had filed a private Complaint before the learned Metropolitan Magistrate, Court No. 3, Ahmedabad, against the appellant for offences punishable under Sections 494 and 114 of the I.P. Code which was numbered as Criminal Case No. 1596 of 1983. In that criminal case, the appellant and one Chetna were honourably acquitted by the learned Magistrate, against which, the respondent-wife had filed acquittal appeal before this Court being Criminal Appeal No. 991 /86. The above criminal appeal came to be placed before the Court (Coram- A.N. Divecha, J.). In that acquittal appeal, as a result of the intervention of the relatives and well-wishers of the appellant and the respondent, an agreement came to be executed on 24.1.1997 by which me parties agreed to dissolve their marriage by mutual consent. After execution of the agreement, the parties to this first appeal have also filed terms of settlement which is signed by both the parties as well as their learned Advocates.