MAMTA Vs. MANJIT

JUDGEMENT

(1.) This appeal has arisen from the judgment and decree dtd. 31/1/2014 passed by the learned Additional District Judge, Jhajjar, vide which the decree for judicial separation under Sec. 10(1) of the Hindu Marriage Act, 1955 (for short 'the Act') on the ground of cruelty has been passed.

(2.) In brief, the marriage of the parties was solemnized on 10/3/2008 at Village Palri, Tehsil Charkhi Dadri, District Bhiwani as per Hindu rites. They do not have any child out of the wedlock. The respondent-husband filed a petition under Sec. 13(1) (ia) of the Act for seeking a decree of divorce, inter alia, on the grounds of cruelty and desertion. On the pleadings of the parties as many as 4 issues were framed by the trial Court on 12/5/2011 in which issue No. 1 pertains to cruelty and issue No.2 to desertion. Both the issues have been decided by the learned trial court against the husband-respondent as he could neither prove the element of cruelty and desertion. However, while deciding issue No.4 pertaining to relief, the following finding has been recorded:-

(3.) Learned counsel for the appellant has vehemently argued that the issue of relief has wrongly been decided by learned trial court. It is submitted that no petition was filed under Sec. 10(1) of the Act. Therefore, the decree under Sec. 10(1) of the Act could not have been passed. It is further submitted that if the Court had the jurisdiction to pass a decree under Sec. 13-A of the Act for judicial separation but for that also the Court has to come to the conclusion that it is not a fit case for passing a decree of divorce rather it would be expedient to pass a decree for judicial separation. Further he has referred to the provisions of Sec. 10(1) of the Act, which is reproduced as under:-