Vinit Kumar Mathur, J. - (1.) Alleging acts constituting mental cruelty, the appellant sought annulment of the marriage solemnized between the parties on 29.10.2009. It was pleaded that the respondent left the matrimonial house on 23.12.2009 and that during the period between the date of the marriage and the respondent leaving the matrimonial house the respondent evinced characteristic of mental disorder. She would always remain angry and would abuse the appellant and his parents. She would threaten to lodge false cases against them. On 1.1.2010 the respondent lodged a false complaint under Section 498A/406 IPC against the appellant and his parents. She filed a complaint under the Domestic Violence Act and initiated proceedings under Section 125 Cr.P.C. That in the complaint for offences punishable under Section 498A/406 IPC the appellant was sent to prison.
(2.) In the written statement filed the respondent denied the allegations made against her and pleaded that on account of not fulfilling the illegal demand for dowry she was thrown out of the matrimonial house and as regards the proceedings initiating by her under the Domestic Violence Act, Cr.P.C. and for return of the istri dhan she pleaded that law conferred said rights on her.
(3.) Needless to state that the only issue which came to be settled was whether the respondent had committed acts of cruelty entitling the appellant to a decree for divorce.;