J.K. Maheshwari, J.

This appeal has been filed u/s 19 of the Family Courts Act, 1984 assailing the judgment and decree dated 5-8-2005 passed by the Family Court, Indore in HMA Case No. 419/93, by which the application filed by the respondent u/s 13(1)(ia)(ib) of the Hindu Marriage Act has been allowed.

It is not in dispute that the appellant and respondent were married on 21-11-1986 at Indore as per Hindu Rites and after marriage one daughter Kumari Vandana was born from their wedlock, at present she is residing along with appellant. It is also not in dispute that on 31-7-2000 appellant had submitted a criminal complaint against the respondent and his mother and father in Mahila Police Station, Indore under sections 498A and 406 of Indian Penal Code. In that case the respondent was taken into custody and the father and mother were released on anticipatory bail. On filing challan in the Court of Judicial Magistrate, First Class Indore, they were convicted vide judgment dated 18-2-2003 and directed to undergo three years rigorous imprisonment with fine of Rs. 500/- each. Against the said judgment a criminal appeal was preferred bearing No. 103/2003, which was allowed by the VIth A