DEEPA TOMAR Vs. AJAY @ LEELADHAR SINGH TOMAR

JUDGEMENT

(1.) The appellant/wife has filed this First Appeal under Sec. 19 of the Family Courts Act 1984 challenging the impugned judgment and decree dtd. 29/11/2023 passed by the Principal Judge, Family Court, Gwalior in case No.10697/2020 RCSHM, whereby the petition filed by the appellant/wife under Sec. 13 (1) of the Hindu Marriage Act seeking dissolution of marriage between appellant and respondent solemnized on 21/11/2011 has been dismissed.

(2.) The facts of the case in short are as under :-

(3.) The sole issue which is liable to be considered by us in this appeal is as to whether conviction in a criminal case under Sec. 302 of IPC and sentenced to undergo life imprisonment amounts to "mental cruelty" to wife ? In this case to the conviction of the husband in the criminal case, the appellant/wife did not file a petition under Sec. 13 (1) of the Hindu Marriage Act seeking dissolution of marriage.