NISHA DAHARIA Vs. PARAS DAHARIA

JUDGEMENT

(1.) This First Appeal filed under Sec. 19 of the Family Courts Act, 1984 has been filed by the appellant/wife against the judgment and decree dtd. 17/8/2021 passed by 2nd Additional Principal Judge, Family Court, Durg in Civil Suit Case No.252/2019, whereby the application filed by the respondent/husband under Sec. 10 of the Hindu Marriage Act, 1955 for judicial separation was decreed in his favour.

(2.) The facts of the case in brief are that the respondent/husband filed a Civil Suit under Sec. 10 of the Hindu Marriage Act, 1955 (for short, the Act of 1955) before the Family Court, Durg, seeking judicial separation from his wife (appellant herein), inter alia, stating that their marriage was solemnized as per Hindu rites and rituals 11/8/2003 at Jagdalpur and out of their wedlock, a male child was born and that he is working in Electricity Department as Testing Assistant. After marriage of few days, the behaviour of the wife became abnormal towards the husband and his uncle-aunt with respect to family property and she started treating them with cruelty. The wife is always unhappy with his living conditions and was instigating him to commit suicide so that she can get his job on compassionate ground and that she was always taunting him with respect to his inability and not willing to stay with him. Being fed up with the persistent ill-treatment, the husband lodged a complaint against his wife in Newai Police Station on 10/2/2013, 16/6/2013 and 2/2/2014 but he was advised by the concerned Police Station to approach the Court. Therefore, the husband has been constrained to file the civil suit for judicial separation from his wife.

(3.) The Civil Suit was resisted by the appellant/wife by filing written statement. It was specifically pleaded that she is always discharging her matrimonial duties whereas it is the respondent, who used to beat her after consuming liquor and abuse her and it has become habitual for the husband and that she is always ready and willing to stay with the husband.