JUDGMENT (Oral)

1. The Appeal under Section 19 of the Family Courts Act, 1984 has been preferred against the impugned Order/Judgment dated 18.04.2023 of the learned Judge, Family Courts dismissing the petition filed seeking the following relief:

"Pass a Decree of declaration thereby declaring the Divorce in between the petitioners by way of Mubarat (Mutual Consent) in terms of Section 2(ix) of the Dissolution of the Muslim Marriage Act, 1939 thereby dissolving the marriage between the petitioners".

2. The appellant and the respondent herein have filed a petition for dissolution of marriage under Section 2(ix) of the Dissolution of Muslim Marriage Act, 1939 by way of Mubarat (Mutual Consent). It is stated in the petition that the marriage between the parties was solemnized on 19.06.2019 according to Muslim rites and customs and no child was born from their wedlock. Due to the temperamental differences, disputes arose between the parties and they have been living separately since April, 2020. It is stated that the respondent had filed a FIR bearing No. 97/2021 under Sections 498A/406/34 IPC at P.S.Geeta Colony against the appellant and his family members. With the intervention of the fa