TRIPTI SINGH Vs. AJAT SHATRU

JUDGEMENT

(1.) Heard Shri Deepak Kumar Srivastava, learned counsel for the appellant and Shri Manish Tandon, learned counsel for the respondent.

(2.) Present appeal has been filed under Sec. 19 of the Family Courts Act, 1984, arising from the judgement and order dtd. 22/2/2013 passed by learned Additional Principal Judge, Family Court, Kanpur Nagar, in Original Suit No. 175 of 2006 (Ajat Shatru v. Smt. Tripti Singh), whereby the learned trial court has dissolved the marriage between the parties without making any provision for permanent alimony etc.

(3.) The marriage between the parties was solemnised on 17/4/2002. A son is born to the parties. He has attained the age of majority. According to the respondent, the appellant deserted his company on 12/2/2006. In any case the parties have not revived the relationship since then. The divorce suit was instituted by the appellant in the year 2006. The plaint was amended vide order dtd. 2/7/2011. By means of the amendment made, the respondent alleged cruelty arising from false criminal case lodged by the appellant against the respondent and his family members being Case Crime No. 60 of 2008 at P.S. Mahila Thana, District Kanpur Nagar, under Ss. 498A, 323, 504 and 506 I.P.C. read with Sec. 3/4 Dowry Prohibition Act making allegation of demand of dowry against the respondent and his parents. It is a fact that the appellant's parents were arrested and later on enlarged on bail arising from that criminal prosecution lodged by the appellant. Here it may also be noted, the appellant has done her Doctorate of Philosophy (Ph.D.) and was earning Rs.10,000.00 per month by giving tuition classes while the respondent has completed his Master of Business Administration (MBA) as also certificate in Microsoft Certified Solutions Developer (MCSD) and was working in Delhi as Senior Manager.