S. MICHAEL JOHNSON Vs. M. NIRMALA

JUDGEMENT

(1.) Mr. S. Michael Johnson, the appellant, is aggrieved by the judgment and decree dated 11-08-2008, whereby the learned Judge, Family Court, Secunderabad, has allowed the petition, namely F.C.O.P.No.322 of 2007, filed by the respondent-wife, M. Nirmala, under Sections 22 and 23 of the Indian Divorce Act, 1869, seeking judicial separation from the appellant-husband.

(2.) Briefly, the facts of the case are that the appellanthusband and the respondent-wife were married on 11-02-1993 in accordance with the Christian rites and customs. During the wedlock, they were blessed with a child on 02-06-1994. However, after having lived happily for about two months, differences arose between the parties, and they separated their ways. Due to the harassment made by the appellant-husband in 1996, the respondent- wife lodged a criminal complaint against him. Eventually, she filed the aforesaid FCOP before the learned Family Court. As mentioned hereinabove, the Family Court decreed the FCOP in favour of the respondent-wife and directed a judicial separation between the two. Hence, this appeal before this Court.

(3.) Mr. P. Rajagopal Reddy, the learned counsel for the appellant, has pleaded that the respondent-wife has failed to make out the case of cruelty against the appellant-husband. Moreover, the respondent-wife had never pleaded in her pleadings that the appellant-husband had made reckless allegations against her family members. But, even then, the learned Family Court has noted the pleadings of the appellant-husband in his petition, namely OP.No.359 of 2007, filed for restitution of conjugal rights. The appellanthusband had denied these pleadings, but his denial has not been accepted by the learned trial Court. Therefore, the impugned order is highly misplaced; it deserves to be set aside by this Court.