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 of the divorce petition are that the parties lived cordially only for some years and their relationship went bitter since 2009. There was no matrimonial relationship between them since then and respondent/wife started living separately. The appellant/husband alleged that the respondent treated him with cruelty and deserted the matrimonial home without any reasonable cause. It is also admitted that the parties are living separately since 2010. After giving birth to the second son, the respondent's behaviour became cruel with the appellant and his family members. The respondent used to frequently quarrel with the appellant and refused to perform the marital obligations. She used to threaten the appellant that she will consume poison and kill herself along with the children. The conduct of respondent caused mental agony and destroyed peace of mind of the appellant, accordingly, he filed the divorce petition.

4. The respondent/wife contested the case before the trial Court on the ground that she was being subjected to physical and mental cruelty. It is also submitted that the behaviour of the appellant was very suspicious. He used to get angry and fierce on small issues. The appellant was having relationship with other women. Looking to her own safety and also the future of children, the only option left with her was to live separately. She never wanted to seek divorce, while appellant/husband was eager for dissolution of marriage so that he could solemnize a second marriage. He also avoided the liability towards children. The respondent/wife has also filed an application under Section 25/27 of Hindu Marriage Act for maintenance and permanent alimony and return of Stridhan and the amount which was paid to purchase the plot which is in the joint possession of appellant and respondent. A request was therefore made to dismiss the divorce petition.

5. Upon consideration of the pleadings and evidence, the learned Family Court found that although the relationship between the parties had deteriorated, the appellant failed to establish the statutory grounds of cruelty and desertion. Consequently, instead of granting the decree of divorce, judicial separation was granted by the family Court under Section 13(A) of the Act of 1955.

6. The appellant assails the impugned judgement mainly on the ground that the Family Court has failed to consider the evidence in a proper prospective and erred in granting only judicial separation instead of divorce despite of sufficient evidence available on record. It is submitted that there is irretrievable break down of marriage and continuation of such marriage would serve no purpose. Therefore, he prays that the impugned judgment and decree granting judicial separation may be set aside and decree of divorce may be granted on the gro