ARSHAD HUSAIN Vs. SHAHNEELA NISHAT

JUDGEMENT

(1.) Heard Shri Ali Akhtar Zaidi, learned Counsel representing the appellant/husband and Shri Mohd. Mustafizul Haq, learned Counsel representing the respondent/wife.

(2.) This appeal under Sec. 19 of the Family Courts Act, 1984 has been filed by the husband/appellant, seeking to quash the judgment and order dtd. 4/7/2019 passed by the learned Principal Judge, Family Court, Lucknow, whereby Declaration Case No. 214 of 2019 filed by the husband/appellant for declaration of matrimonial status of the parties has been dismissed at the admission stage.

(3.) Facts of the case are that the marriage between the appellant and the respondent was solemnized on 12/1/2002 in accordance with Islamic Rites and Rituals. It was the case of the appellant that after marriage, the behaviour of his wife was not good as his wife was having affair with a police officer, on account of which his wife visited her parental house frequently. With the connivance of the said police officer, his wife had lodged frivolous complaint against him and her behaviour became cruel. Ultimately, on 2/7/2018, she went to parental home and since then, she is living there only. Despite efforts made by him for reconciliation, settlement between them was not arrived and ultimately he gave triple talaq to his wife in accordance with muslim law. In this background, the appellant had instituted the declaration case, bearing No. 214 of 2019, seeking to declare the matrimonial status of the parties, before the Family Court, Lucknow.