Mohammad Shah VS Chandani Begum

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANAND PATHAK, HIRDESH
Mohammad Shah – Appellant
Versus
Chandani Begum – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Shri F.A. Shah, Advocate
For the Respondent:Shri Nitin Agrawal, Advocate

JUDGMENT

Anand Pathak, J.—The instant first appeal under Section 19 of the Family Court Act, 1984 is preferred by the appellant being crestfallen by the order dated 18-05-2022 passed by the Principal Judge, Family Court, Datia whereby the suit for divorce preferred by the appellant has been dismissed on the ground of maintainability.

2. Precisely stated facts of the case are that marriage of appellant and respondent was solemnized on 19-10-2007 through Muslim rites and rituals. Out of the wedlock, couple was blessed with four children namely, Chahat Bano, Gudiya Bano, Kousar Bano and one son namely Sonu. Domestic incompatibility existed between the couple continued between the parties despite lapse of sufficient time and even after blessed with four children. Since respondent/wife of appellant was of modern outlook lady since beginning and as alleged she had close relationship with one of her relatives namely Sharafat Shah who used to visit regularly the house of appellant, thereafter this was one of the reasons of domestic unrest.

3. On 17-01-2016 when appellant was out of his house, respondent eloped with the said person Sharafat Shah along with son Sonu and took Rs.1,85,000/- in