SHIKHA KUMARI Vs. RAVIKANT RAVI

JUDGEMENT

(1.) The present Appeal, filed by the Appellant-Wife, assails the correctness of the judgment and decree dtd. 15/12/2023 [hereinafter referred to as 'Impugned Judgment'] passed by the learned Family Court in HMA No. 1684/2018 whereby the petition filed by the Respondent-Husband under Sec. 13(1)(ia) Hindu Marriage Act, 1955 [hereinafter referred to as 'HMA'], seeking dissolution of marriage on the ground of cruelty, has been allowed and the marriage between the parties has been dissolved.

(2.) The issue which arises for consideration in the present Appeal is whether, once the Family Court, on proper appreciation of evidence, has found that the marriage remained unconsummated from inception and that the Appellant's conduct amounted to mental cruelty, would it be appropriate to interfere in Appeal?

(3.) The brief facts leading to the present Appeal, as pleaded, are that the marriage between the parties was solemnized on 6/5/2017 in District Rohtas, Bihar as per Hindu customs and ceremonies. It is not in dispute that soon after the marriage, the parties were able to cohabit only for a short period and that the parties have been residing separately since June 2017.