M S Vs. S D

JUDGEMENT

(1.) The appellant by way of the present appeal challenges the judgment and decree dated 19.08.2017 passed by the Family Court in HMA No. 5861389/2016 whereby on a petition under Section 13 (1) (ia) and (iii) of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA") filed by the appellant/husband, the Family Court has passed a decree of judicial separation between the parties U/s 10 of the Act, which was an alternate prayer by the appellant.

(2.) The relevant facts necessary for the present appeal are that the parties got married on 21.06.1999 as per Hindu rites and ceremonies at Sahib Ganj, Bihar. After the marriage, both the parties cohabitated as husband and wife at Kotiyan, Bihar. Although the marriage was consummated but there is no issue from the said wedlock.

(3.) The case of the appellant as pleaded was that he was appointed as Air Men in the Indian Force at the age of 18 in November, 1995. As the mother of the appellant was seriously ill and was eager to see the marriage of her son, the appellant married the respondent at a very early age. It is claimed that the marriage was a simple marriage without any dowry. The respondent joined the matrimonial house but stayed there for 14 days only and returned to her parental house and came back only after one year. The appellant found that respondent was a lady of unusual temperament and was very harsh and cruel towards him and his family members. Most of the time she would live at her parental house and would join the matrimonial home only when the appellant came on leave. It is claimed that in the month of November, 2002 when the appellant was at his native village, on annual leave, both brothers of the respondent and her father along with several other people came to house of the appellant on 24.11.2002 and created a lot of scene at his house and even manhandled the appellant and his family members in public, causing acute agony and insult to them.