LAXMI KUSHWAH Vs. MOHAN KUSHWAH

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 19 of the Family Court Act, 1985, being aggrieved by the judgment and decree dated 5-4-2003 passed by Ku. Premlata Pradhan, Presiding Judge of the Family Court, Bhopal in Civil Suit No. 285-A of 2002 whereby the petition filed by the respondent for the decree of judicial separation under Section 13 (1) of the Hindu Marriage Act, 1955 (hereinafter referred to as Act for brevity) has been decreed.

(2.) BRIEFLY stated the facts of the case are that parties are wife and husband, their marriage solemnized on 24-6-1993 at Bhopal as per Hindu rites and as per custom prevailing in their community, the parties lived together up till on 4-8-2001. Respondent/petitioner filed the petition under Section 13 of the Act, with the allegations that the appellant/respondent is not willing to live with the petitioner; and normally wanted to live with her parents on getting each and every opportunity she used to go to her parents home. On the pretext that she was preparing for B. A. Examination etc. The petitioner sent registered notice to the appellant to come back and live with him, but unsuccessfully at last the respondent/petitioner filed the petition under Section 9 of the Act for restitution of conjugal rights on 2-9-96. In this case both the parties came to compromise and thereafter both the parties live together, therefore, the afore- , said suit had been dismissed on 21-2-97. Thereafter when both are living together on 16-10-97 a son was born to the applicant. But thereafter also the appellant repeatedly tried to live with her parents. On 4-8-2001 the appellant leave her matrimonial home on the festival of "raksha Bandhan", on this day the mother of the petitioner/respondent was seriously ill but instead of that the appellant went to her parental house, ultimately the mother of the petitioner died after few days. After hearing the sad news also the appellant did not come back to the respondent house. Therefore, on the basis of the aforesaid allegations the respondent/petitioner had filed the present petition under Section 13 (1) of the Act for the decree of judicial separation on 25-2-2002 before the Family Court at Bhopal.

(3.) IN reply the appellant/defendant stated that it is the petitioner's behaviour and ill treatment because of that the appellant is forced to leave her husband's home. She is always ready to live with her husband but he repeatedly mis-behaved with her and thrown her out from the matrimonial home. When she came to know about the death of her mother-in-law then also she come back but her husband not allowed her to come in the house. Thus the petitioner had filed this petition without any valid ground. Therefore, prayed for the dismissal of the petition.