SMT. BABITA GUPTA W/O DINESH GUPTA AGED ABOUT 36 YEARS R/O M.I.G. C/2336, INDUSTRIAL AREA, HOUSING BOARD BHILAI, TAHSIL AND DISTRICT DURG, CHHATTISGARH Vs. DINESH GUPTA S/O HARISHCHAND GUPTA AGED ABOUT 39 YEARS R/O MAHALAKSHMI NAGAR

JUDGEMENT

(1.) This appeal is directed against the decree of judicial separation passed by the Family Court, Durg on 21.01.2014.

(2.) The appellant preferred an application under Section 13 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') on the pleadings that her marriage was solemnized with the respondent on 09.06.2003. After one and half years of marriage, the respondent lost his speech and thereafter other organs including the sexual organ became ineffective. At the time of moving the application, the appellant had information that the respondent has become insane. Since they are residing separately for about 8 years prior to the application, decree was sought on the ground of desertion.

(3.) The respondent was ex parte before the trial Court, therefore, the impugned ex parte decree has been passed only on the basis of statement of the appellant.