JUDGMENT :

Mr. Farjand Ali, J.

1. The instant Civil Misc. Appeal has been preferred by the appellant Imran Rafeeq under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 21.12.2021 passed by the learned Judge, Family Court No.1, Udaipur in Civil Misc. Case No.31/2020 whereby, the learned Judge has allowed the divorce petition filed by the respondent-applicant (wife).

2. Succinctly stated the facts of the case are that parties to the lis are born and brought up according to distinct religious beliefs. They studied together in a college. Their close friendship transformed into a love affair and thus they got married on 07.07.2009 according to the rites and rituals of Muslim customs. They spent their married life with full mirth and merriment for few years and were blessed with a baby boy from their wedlock. After spending some time together, owing to some ideological and temperamental differences, relations between them turned sour and in the year 2014, they decided to live separately. The respondent kept the baby with her at her parental house at Udaipur. Over the period, their relationship became more strained and thus, on 05.08.2020, the estranged wife moved a petition before the Family Court, Udaipur seeking a decree of dissolution of marriage.

3. It was pleaded in the divorce petition that the marriage was solemnized between them as per the Muslim rites and rituals and the Shariah law. On 07.07.2009, the ‘Nikah’ was performed at Ajmer. Because of their strained relationship and negligible possibility of living together or continuing the marital ties, the spouses were living separately since the year 2014. It was further averred in the petition that as per the Muslim rites and rituals and the Shariah law, the appellant had given ‘Talaq’ to her and for that, a deed of divorce dated 30.08.2018 had been executed between them and now, there remained no possibility of re-union or re-establishing conjugal relationship between them and, therefore, she made a prayer for issuance of decree of dissolution of marriage.

4. A reply to the divorce petition was filed on behalf of the appellant wherein the factum of marriage which was performed according to the Muslim rituals and the Shariah law was admitted. He refuted the fact of divorce and specifically pleaded that since the respondent left his company, therefore, irked by her attitude, he sent a notice of divorce but the same was not intended to give her divorce rather it was sent only with a view to warn her. It was further pleaded in the reply that in order to mellow down the disputes and thaw the friction both the parties went to Mount Abu from 27.10.2018 to 29.10.2018 and stayed together. He specifically pleaded that the third ‘Talaq’ was never given to his wife, which is a condition precedent for divorce as per the prevailing law and, therefore, in absence of the third ‘Talaq’, the marriage between them has not been dissolved; thus he prayed for dismissal of the petition.

5. On the basis of the pleadings of the parties, the learned trial Court framed two issues. The onus to prove the issue No.1 was cast upon the applicant-respondent. Thereafter, the respondent-applicant was examined as PW-1 and the deed of divorce dated 30.08.2018 was tendered as evidence and was marked as Ex.1. The appellant-non-applicant was examined as NAD-1. After hearing the counsel for the parties and careful examination of the evidence adduced by the parties in support of their respective claims; the learned Court below adjudicated the issue No.1 in favour of the respondent-applicant, and accordingly the divorce petition has been allowed and a decree of divorce has been awarded in favour of the respondent-applicant vide judgment and decree dated 21.12.2021, which is assailed before this Court.

6. We have heard the arguments advanced by the appellant’s counsel Shri Virendra Acharya and have gone through the impugned judgment and decree of divorce.

7. Indisputably, the respondent profess