Ajay Rastogi, J.

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 & 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 & 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 tr