The court's decision to grant judicial separation was based on vague and general allegations of cruelty, which were not substantiated. The court erred in granting judicial separation without proper evidence to justify it.

JUDGMENT :

N. B. SURYAWANSHI, J.

1. This appeal filed by the wife under section 19 of the Family Courts Act, 1984, takes exception to the judgment of the Family Court, Nagpur in Petition No. A794 of 2010, thereby granting a decree of judicial separation in favour of the husband.

2. Facts leading to this appeal, in brief, are as follows :

The husband filed petition under section 10 and 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, “the said Act”) against the wife contending that their marriage was solemnized on 26-6-2009 at Nagpur, as per Hindu rites and customs prevailing in their community. Before the marriage, the husband had passed B.Sc. B.Ed and he was in the service of Pharmaceuticals Company and had a touring job and the same was informed to the family of the wife. It was also informed that the husband may be required to go out of the station for his job and at some times, he might come home late. The husband was residing along with his retired father and mother. The wife’s side informed that she had obtained B.H.M.S. Degree and she was doing the job at Care Hospital, Ramdaspeth, Nagpur and was earning a salary at Rs.8,000/- per month. The wife had given her bio-data in her own handwriting, wherein her date of birth was mentioned as 30-11-1973. The husband’s date of birth was 20-8-1973. After the marriage, the wife started residing in the joint family of the husband. They went to Pachmarhi for honeymoon and everything was normal. The wife was doing household work and she was also attending her job at Care Hospital. There was no complaint upto three months from the marriage. The husband’s sister Kiran used to come to the house of the husband for tailoring work as her house was very small. She used to come at 11.00 a.m. with her own tiffin and used to leave at 5.00 p.m. During that period, the wife used to be on duty at Care Hospital, therefore, there was no communication between Kiran and the wife. Arti, the daughter of the elder sister of the husband was taking the education of LLB in Ambedkar College, Dikshabhoomi, Nagpur and she was staying in the house of the husband from July, 2010. The wife was not liking Kiran and Arti’s presence in the house. Initially, the wife was contributing Rs.2,000/- per month towards family expenses, but after three months of the marriage, she stopped the contribution. It was further contended that from October, 2009, the wife’s conduct became abnormal. She started quarreling with the husband. After coming from duty, she used to straightway go to her bedroom and used to lock it from inside. She was not responding to the family members. The parents and brother of the wife were informed about her abnormal conduct. The wife’s brother came and used arrogant language towards the husband and his family members. Her brother alleged that the husband was not mentally and physically sound to keep marital relations with wife, because of which, the wife did not conceive. He blamed the husband’s sister Kiran for the same. At that time, Kiran was staying in the house of the husband, as she had suffered an accident. The wife’s brother warned that if Kiran did not go away within two days, he would throw her luggage out. He also threatened to lodge police complaint against the husband and his family members. In the meanwhile, the wife conceived. However, the fetus was suffering from cardiac problems, hence Dr. Shembhekar suggested abortion. He also suggested to abstain from sexual relations upto six months. He advised them to consult Dr. Sanjay Deshpande for counselling on sex education. The husband therefore consulted Dr. Deshpande. He further contended that due to abortion, the wife was mentally disturbed. She used to unnecessarily quarrel with the husband’s family members. She used to force the husband to have sexual relations saying that she wanted the child at the earliest. The husband was avoiding sexual relations as per the advice of the Doctor. When the husband saw the medical papers of the wife