IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE VIVEK KUMAR SINGH &

HON’BLE SHRI JUSTICE AJAY KUMAR NIRANKARI ON THE 23^rd OF JANUARY, 2026 FIRST APPEAL NO.238 of 2017 KAVITA Versus SUDHAKAR RAO SUKHSOHALE ------------------------------------------------------------------------------------------------------

Appearance :

Shri Sandeep Singh Baghel - Advocate for the appellant.

Shri Pramod Kumar Thakre - Advocate for the respondent.

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Reserved on : 19/01/2026 Pronounced on : 23/01/2026

J U D G M E N T

Per : Justice Vivek Kumar Singh This first appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 06.05.2015 passed by learned Presiding Officer, Family Court, Betul in Civil Suit No.1-A/2014 dismissing the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for brevity ‘HM Act, 1955’) seeking dissolution of marriage on the ground of ‘cruelty’.

2. Factual matrix of the case, in short, are that the marriage between the appellant and the respondent was solemnized on 12.07.2008 as per Hindu Rites and Customs. At the time of marriage, the respondent demanded dowry of Rs.1,75,000/-, which was given by the father of the appellant and at the relevant point of time, the respondent was working temporarily in VMB College, Amravati and after some time left his job voluntarily and falsely narrated his wife that a case regarding his permanent job is pending in the High Court but later on she was completely staggered to know that the respondent had no source of income. Later on, the appellant beget a daughter on 10.09.2009. Thereafter, the appellant visited her matrimonial home on 13.07.2010 and tried to keep the marriage alive but respondent did not show interest in continuing the marital relationship anymore. Since then she is living separately and earning her livelihood by taking tuition and also taking care of her daughter with the help of her family. The appellant has lived with the respondent for about 02 years continuously in spite of various acts of physical or mental cruelty by the respondent and his relatives. Ergo, the appellant filed the divorce petition under Section 13 of the H.M. Act,1955 on the ground of cruelty which was dismissed vide order dated 16.05.2015 passed by the Presiding Officer, Family Court, Betul on the ground that the appellant is living separately from her husband without any sufficient reason and in spite of cruelty and demand of dowry by the respondent, no FIR has been lodged by the appellant.

3. Learned counsel for the appellant succinctly submits that the respondent preferred a petition, under Section 9 of Hindu Marriage Act, 1956 for Restitution of Conjugal Rights, which was registered as HMP No. 234/2017 and dismissed by the Court below vide judgment and decree dated 04.01.2023, on the ground that the conduct of the petitioner and delay in filing the aforesaid petition that too after filing of the application under Section 125 of Cr.P.C. for maintenance creates dent to his sincerity and does not inspire confidence to show bona fide on his part to seek reunion and togetherness. It is further submitted that the learned Court below has failed to appreciate the fact that the husband of the appellant has no earnings and the appellant being well qualified, is earning to take care of her daughter on her own. Hence, judgment and decree dated 06.05.2015 is liable to be quashed as it is not in the interest of justice because the parties have been living separately since, 2013 and the marriage has broken down irretrievably. Therefore, she is entitled to a decree of divorce. 4. In support of her arguments, learned counsel for the appellant has relied upon the judgment passed by the Delhi High Court in the case of Poonam Wadhwa Vs. Rajeev Wadhwa, MAT.APP.(F.C.) 197/2022 in which the Court has observed that:-

“29. “