JUDGMENT

Rakesh Kumar Jain, J. (Oral) - This appeal has arisen from the judgment and decree dated 31.01.2014 passed by the learned Additional District Judge, Jhajjar, vide which the decree for judicial separation under section 10(1) of the Hindu Marriage Act, 1955 (for short 'the Act') on the ground of cruelty has been passed.

2. In brief, the marriage of the parties was solemnized on 10.03.2008 at Village Palri, Tehsil Charkhi Dadri, District Bhiwani as per Hindu rites. They do not have any child out of the wedlock. The respondent-husband filed a petition under Section 13(1) (ia) of the Act for seeking a decree of divorce, inter alia, on the grounds of cruelty and desertion. On the pleadings of the parties as many as 4 issues were framed by the trial Court on 12.05.2011 in which issue No. 1 pertains to cruelty and issue No.2 to desertion. Both the issues have been decided by the learned trial court against the husband-respondent as he could neither prove the element of cruelty and desertion. However, while deciding issue No.4 pertaining to relief, the following finding has been recorded:-

"In view of my above discussion concluded in para 31, decree for divorce under section 13(1)(i