A Vs. B

JUDGEMENT

(1.) These two appeals under Section 19 of the Family Courts Act, 1984 are directed against judgment and decree dated 5.3.10 of Family Court, Jodhpur, whereby the petition preferred by the respondent-wife for dissolution of marriage under the provisions of Section 2(viii) of the Dissolution of Muslim Marriage Act, 1939 (for short "the Act of 1939") has been allowed and the petition preferred by the Appellant-husband for restitution of conjugal rights (darkhawast dakhal-i-zoziat) stands dismissed. Accordingly, the marriage between the parties stands dissolved by a decree of divorce. The cross objections have been filed by the cross objector-wife in Appeal No. 376/10 aggrieved by the findings recorded by the Family Court on issue No. I as also against the denial of decree for 'Mahr' agreed to be paid to her at the time of her marriage.

(2.) The appellant and respondent entered into marriage on 26.12.97, at jodhpur by performing rites and ceremony in accordance with the custom prevalent in the Muslim community. At the time of marriage, the appellant agreed to pay 'Mahr' to the respondent a sum of Rs. 21,000/- in cash and 21 gold asharfees, by way of 'Nikahnama' reduced in writing. Out of the wedlock, a son was born on 15.5.99.

(3.) The respondent preferred an application for dissolution of marriage under Section 2(viii) of the Act of 1939 stating that after the marriage, she came to know that her husband, the appellant herein, is a man of bad character. He was found keeping illicit relations with order girls. That apart, he attempted to force the respondent to lead an immoral life. It was alleged that the appellant demanded a sum of Rs. 10 lacs as dowry from the respondent's father and no protest being raised, she was beaten up. It was further alleged that the parents of the appellant threatened that if an amount of Rs. 10 lacs is not paid, they will solemnize second marriage of their son, the appellant herein. A few specific incidents of cruelty were set out in the petition which may be summarised thus: