IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT &

HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 30 OF OCTOBER, 2025 FIRST APPEAL No. 133 of 2023 SANDEEP SONI Versus SMT. SUNITA SONI Appearance:

Shri R. K. Sanghi - Senior Advocate with Shri Raghav Sanghi Advocate for the appellant.

Shri Narinder Pal Singh Ruprah - Senior Advocate with Shri Devendra Kumar Tripathi - Advocate for respondent.

JUDGMENT Per: Justice B. P. Sharma This first appeal has been preferred by appellant/husband for assailing the judgement and decree dated 09.12.2022 passed in RCSHM No.300-A/2016 by First Additional Principal Judge, Family Court, Jabalpur, whereby application under Section 13(1) of Hindu Marriage Act, filed by appellant-husband on the grounds of cruelty and desertion was dismissed but passed decree of judicial separation under Section 13(A) of the Hindu Marriage Act, 1955.

2. Relevant facts not in dispute are that, marriage between appellant and respondent was solemnized on 22.06.1998 at Arya Samaj Mandir according to Hindu rites and rituals. Out of the wedlock they have two sons viz., Harsh Soni aged about 15 years and Utkarsh Soni aged about 6 years.

3. The facts