MANISH Vs. SAU. CHITRA

JUDGEMENT

(1.) The present Second Appeal is filed by the original Petitioner - Husband challenging the judgment and decree passed by the 2nd Ad-hoc Additional District Judge, Akola in Regular Civil Appeal No. 276/2003 dtd. 01/09/2005. The Husband filed Petition vide H.M.P. No. 88/2001 dtd. 26/09/2003 for dissolution of marriage by decree of divorce. The learned Civil Judge Senior Division, Akola decreed the said Petition and dissolved the marriage between the Petitioner and the Respondent therein. While deciding the Petition, it was held by the learned Civil Judge Senior Division that the Petitioner therein proved that the Respondent, during her stay at matrimonial house, treated the Petitioner with great cruelty, mental torture and agony. The Respondent - Wife filed Appeal bearing Regular Civil Appeal No. 276/2003 which came to be allowed and the decree of dissolution of marriage came to be set aside by the Appellate Court. Learned Appellate Court answered the point that the Appellant therein i.e. Chitra actually was treated with cruelty by her husband and in-laws and they made false allegations against her. Another ground for setting aside the judgment and decree of the Lower Court was that there was criminal Proceeding initiated by the Wife under Sec. 498A of the Indian Penal Code which was pending.

(2.) I have heard learned Counsel for the Appellant. Counsel for the Respondent is absent.

(3.) The substantial questions of law framed by this Court vide order dtd. 11/01/2008 read thus:-