JUDGMENT

1. This appeal under Section 28 of the Hindu Marriage Act, 1955 impugns the judgment [dated 13th October, 2010 in HMA No. R 176/2006 of the Court of Additional District Judge-01 (West), Delhi] of dismissal of a petition for dissolution of marriage by a decree of divorce under Section 13(1)(ia) and (ib) of the Act filed by the appellant/husband.

2. The appeal came up first before this Court on 4th March, 2011 when notice thereof was ordered to be issued. The counsel for the respondent/wife has been appearing. On the last date of hearing i.e. 16th May, 2018, parties were referred to Mediation Cell of this Court. Mediation has been unsuccessful. The counsels for the parties have been heard.

3. The counsel for the appellant/husband argues, that one of the grounds pleaded by the appellant/husband as an instance of cruelty meted out by the respondent/wife to the appellant/husband was the filing of complaints by the respondent/wife against the appellant/husband of the offence of criminal breach of trust under Section 406 of Indian Penal Code, 1860 (IPC) and of the offence under Section 498A of the IPC. It is argued, that on the basis of the said complaint, an FIR was regist