KALPANA JAIN Vs. SHIV KUMAR JAIN

JUDGEMENT

(1.) APPELLANT/petitioner has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree passed on 3. 5. 2000 by the IInd Additional District Judge, Balaghat in Civil Suit No. 32-A/98 rejecting the petition of the appellant filed for judicial separation under Section 10 of the Hindu Marriage Act and allowing the prayer of the respondent/husband for dissolution of the marriage by decree of divorce on the ground of cruelty and adultery.

(2.) THE admitted facts of the case are that the appellant and respondent are Swetamber Jain and their marriage was solemnised on 7. 5. 1985 at Balaghat in accordance with Hindu customs and rights. It is not in dispute that from the wedlock they had two daughters namely Shruti and Shriya who are living with the respondent/husband. That the respondent is working in the Indian Oil Corporation and since August, 1994 the appellant and husband are living separately.

(3.) THE case of the appellant/petitioner is that at the time of the marriage the father of the appellant gave dowry, silver and gold ornaments, sofa, T. V. , Almirah and cash of Rs. 50,000/- to the respondent. That on 29th May, 1994 the respondent demanded a sum of Rs. 1,00,000/- from the father of the appellant alleging that he wants to purchase a Flat at Bombay. That the character of the respondent is loose and he is in the habit of consuming liquor. That the respondent used to insult and ill-treat the appellant and extended the threat to divorce her. The appellant has prayed that on account of cruel behaviour of the respondent she has become apprehensive of her life and a decree of judicial separation be passed against the respondent/husband.