A K SHRIVASTAVA Vs. TANVEER SHRIVASTAVA

JUDGEMENT

(1.) This is an appeal filed by the plaintiff husband under Section 19 of the Family Courts Act, 1984 calling in question a judgment and decree dated 7th March, 2005 passed by the Presiding Officer, Family Court, Bhopal in Regular Civil Suit No. 156-A/03 whereby an application for dissolution of marriage between the parties had been dismissed.

(2.) Facts in brief necessary for decision of the case goes to show that the appellant herein is a Hindu by caste and is a Homeopathy doctor. Respondent is a Muslim lady and the marriage between both was solemnized as per their own wishes on 7th July, 1986. Out of the wedlock, a son was born to the parties in the year 1988 and in the year 1992, a daughter was also born. It seems that on the grounds of cruelty and mental harassment to the appellant by the respondent wife and by contending that she is unnecessarily harassing him, has made false allegations against him and has also instituted certain criminal case under Section 498-A, 323, 294 and 506 of I. P. C. and another case under Section 323, 294 and 506 of I. P. C. , the suit in question was filed for dissolution of marriage.

(3.) The learned Court based on the pleadings of the parties framed two issues. The first issue was as to whether the acts of cruelty are proved and the second issue was as to whether any relief has to be granted by the impugned judgment. The learned Court came to the conclusion that the acts of mental cruelty are not proved, dismissed the suit and, therefore, this appeal has been filed by the appellant.