As per Hon'ble Shri T.P. Sharma, J. :-

1. The appellant has challenged legality & propriety of the judgment & decree dated 5-5-2006 passed by the Judge, Family Court, Korba in Civil Suit No. 23-A/2005, whereby the said Court has passed a decree for judicial separation in a suit filed by the respondent herein for divorce under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act').

2. The respondent has also filed cross-objection under Order 41 Rule 22 of the Code of Civil Procedure for modification of the decree of judicial separation into decree of divorce.

3. The appellant/non-applicant & the respondent/applicant are husband & wife, they are governed by the Hindu law, as such the Hindu Marriage Act, 1955.

4. The respondent herein has filed a suit for dissolution of marriage by a decree of divorce under Section 13 of the Act on the ground of physical & mental cruelty committed by the present appellant/non-applicant, before the Judge, Family Court, Korba. Marriage between the parties was solemnized on 10th of July, 2000 at Janjgir. After marriage, behaviour of the appellant/non-applicant with the respondent/applicant was not proper. The appellant used to condemn the r