RAJESH KUMAR SAXENA Vs. NIDHI SAXENA

JUDGEMENT

(1.) This is an appeal under Section 19 of the Family Courts Act against the order refusing the application of the husband for dissolution of the marriage under Hindu Marriage Act. There is no dispute that on 11.3.1986 both parties were married. It is the case of husband, that from 24.3.1986 there was dispute between husband and wife on account of going back to her parents' house as she did not like to continue her stay with her husband that on 6.6.1986 the wife sprayed Kerosene on her own clothes and with a lighted match stick in her hand, threatened that she would burn herself. She was rescued by outsiders. Four days after, she wanted to go to her parents' house, petitioner refused to allow her to go her parents' house. On account of it, she threatened that if she would not be allowed to go to parents' house, she would commit suicide and abused the petitioner. Lastly on 30.6.1987 she left her matrimonial house. The petitioner is an emplyee in the State Bank of India Branch at Puranpur, District Pilibhit on the post of the Clerk-cum-Cashier. The respondent also went to the office of the petitioner at Puranpur and met the Branch Manager on 21.11.1986. The petitioner being disturbed mentally on account of the same filed an application on 21.5.1987 on the ground that respondent has cruelly treated him and accordingly there should be dissolution of marriage. Wife contested the application and stated that on account of conduct of the husband she had left the matrimonial house.

(2.) Three witnesses were examined on behalf of the husband and defendant-wife examined herself. Considering the aforesaid material, the Trial Court having disbelieved the witnesses of the husband on account of being interested and having dismissed the application for dissolution of marriage, this appeal has been filed.

(3.) During the pendency of this appeal, an application for litigation expenses has been filed on 20.7.1991. It is brought to our notice that the parties are at daggers drawn and litigation for maintenance under Section 125 Cr.P.C. is pending in this Court as well as the application for prosecution of the husband for bigamy is also pending in Division Bench of this Court. Some amounts have been directed to be paid by this Court towards maintenance of his wife by the husband.