MRINAL BUDHKAR Vs. SAURABH BUDHKAR

JUDGEMENT

(1.) The instant first appeal under Sec. 28 of the Hindu Marriage Act, 1955 hereinafter referred as HMA has been filed by the appellant/ wife against the judgment and decree dtd. 4/3/2023 passed by Principal Judge, Family Court Vidisha (M.P.) in HMA Case No.136/2019 whereby although the Court has found cruelty against the appellant/ wife but did not pass the decree of divorce instead decree of judicial separation has been passed.

(2.) Facts of the case in short are that appellant and respondent got married on 11/12/2000 with Hindu Rites and Ritual at Haridwar. Out of their wedlock, they are blessed with two children; one daugther namely Apra and one son namely Adway. It is alleged by the appellant/ wife against the respondent/ husband that from the next day of marriage respondent/ husband started tourchering the appellant mentally as well as physically for small things but appellant has not raised any voice against the same because she was a responsible house wife and was under the hope that by the passage of time, things would be sorted out but the same never happened.

(3.) In the year 2002, appellant started working in VLCC in Aurangabad, but respondent did not like the same and used to force her to take day off but due to nature of job appellant refused, on which respondent started beating her and threatened her to leave the job else she has to face consequences. When appellant did not listen to him then respondent beaten her so badly that she had to leave the job immediately thereafter.