MOHAMMAD SHAH Vs. CHANDANI BEGUM

JUDGEMENT

(1.) The instant first appeal under Sec. 19 of the Family Court Act, 1984 is preferred by the appellant being crestfallen by the order dtd. 18/5/2022 passed by the Principal Judge, Family Court, Datia whereby the suit for divorce preferred by the appellant has been dismissed on the ground of maintainability.

(2.) Precisely stated facts of the case are that marriage of appellant and respondent was solemnized on 19/10/2007 through Muslim rites and rituals. Out of the wedlock, couple was blessed with four children namely, Chahat Bano, Gudiya Bano, Kousar Bano and one son namely Sonu. Domestic incompatibility existed between the couple continued between the parties despite lapse of sufficient time and even after blessed with four children. Since respondent/wife of appellant was of modern outlook lady since beginning and as alleged she had close relationship with one of her relatives namely Sharafat Shah who used to visit regularly the house of appellant, thereafter this was one of the reasons of domestic unrest.

(3.) On 17/1/2016 when appellant was out of his house, respondent eloped with the said person Sharafat Shah along with son Sonu and took Rs.1,85,000.00 in cash as well as jewelry. Since then appellant is taking care of three daughters and respondent is living in adultery with Sharafat Shah. Out of the wedlock of respondent and Sharafat Shah, a child was born on 4/4/2017 at Shri Research Center and Hospital, Kanpur Road, Jhansi (U.P.). Therefore, appellant filed the case for divorce however same was dismissed on the ground of maintainability. According to trial Court, suit at the instance of a party seeking divorce under Muslim law is not maintainable. Therefore, challenging that order, present appeal is preferred.