SAPNA Vs. NEERAJ KHANDELWAL

JUDGEMENT

(1.) The instant misc. appeal is directed against judgment & decree dt. 06.03.2017 for granting decree of divorce instead of judicial separation after the allegation of cruelty being committed to her stands established as envisaged u/Sec. 13(1)(ia) of the Hindu Marriage Act, 1955.

(2.) The point that arises for determination in short is that - Whether the wife who has filed the petition seeking dissolution of marriage by a decree of divorce u/Sec. 13(1)(ia) of the Act, 1955 treating the petitioner with cruelty once stands established on the basis of the material on record before the ld. Family Court can still be granted a decree of judicial separation instead of decree of divorce, as prayed for.

(3.) The relevant facts of the case necessary for determination of the question and relevant for the purpose are that marriage of the appellant with respondent was solemnized on 30.01.2011 in Beawar, District Ajmer according to the Hindu rites and customs. It was unfortunate that the spouse failed to maintain cordial matrimonial relations and the appellant-wife has lot of grievances and complaints against the respondent-husband and cumulatively it was alleged that she has been treated with cruelty.