MOHIT TANDON Vs. PREETI TANDON

JUDGEMENT

(1.) HEARD Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Amit Arora, learned counsel for the defendant/appellant and Sri S.C. Shukla, learned counsel for the plaintiff/respondent.

(2.) THE afore -captioned First Appeal No. 1 of 2007 arises out of the order dated 28.10.2006 passed by the Principal Judge, Family Court, Lucknow in Regular Suit No. 174 of 1999 under Section 13 of the Hindu Marriage Act, 1955 [hereinafter referred to as the 'Act' for the sake of brevity], whereas First Appeal No. 2 of 2007 arises out of the order dated 28.10.2006 passed by the Principal Judge, Family Court, Lucknow [hereinafter referred to as the 'Family Court' for the sake of brevity] in Regular Suit No.1246 of 2001 under Section 9 of the Act.

(3.) BRIEF background of the case as is reflected from the record is that the marriage between the appellant-Mohit Tandon and respondent-Preeti Tandon was solemnized on 3.3.1995 according to Hindu rites and customs. On 14.10.1995, respondent-Preeti Tandon, for whatever reason, left her matrimonial home and went back to her parents and since then the couple is living separately. In December, 1995, the father of respondent-Preeti Tandon lodged a complaint against the appellant and his parents under Section 498-A of the Indian Penal Code. On the basis of the said complaint, police arrested the appellant and his parents in the month of June, 1997. Thereafter, the appellant and his parents were released on bail from the Court of C.J.M., Hardoi, in the said criminal proceedings.