VEDAVATI Vs. PUTTARAJU

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against judgment and decree dtd. 27/3/2018 passed by the family court, by which petition filed by the appellant / wife seeking dissolution of marriage on the ground enumerated under Sec. 13(1)(ia) & (ib) of the Hindu Marriage Act , 1955 (hereinafter referred to as 'the Act' for short) has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 30/11/1983. Out of the wedlock, on 4/11/1985, a daughter was born to them.

(3.) On or about 9/6/2011, the appellant/wife filed a petition seeking dissolution of marriage on the ground of desertion and cruelty. The respondent / husband filed his statement of objections as well as the counter claim seeking restitution of conjugal rights. The family court recorded the evidence of the parties and thereafter, vide judgment dtd. 27/3/2018 inter alia held that the appellant / wife failed to prove the ground pleaded by her viz., cruelty and desertion seeking dissolution of marriage. It was further held that no case for restitution of conjugal rights was also made out. Accordingly, the family court vide judgment dtd. 27/3/2018 dismissed the counter claim preferred by the respondent / husband seeking restitution of conjugal rights and granted a decree for judicial separation under Sec. 10 of the Act. Being aggrieved by the aforesaid judgment and decree, the appellant has filed this appeal.