Hindu Marriage Act, 1955
Section 13(1)(ia)—Grant of relief of judicial separation instead of relief of divorce by the Family Court—Appeal—Judicial separation and divorce are completely different reliefs—Powers of Family Court to change the nature of relief sought is absent—Family court cannot be heard to tell the petitioner before it, what is “good” for him/her—It may render its advice to the parties when the matter is pending before it, but when it comes to adjudication, the Family Court is bound to bear in mind the relief sought by the petitioner—Relief of divorce could not have been denied to the appellant, once ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act was held to have been established—Family Court erred in not granting decree of divorce to appellant and, instead, granting a decree of judicial separation to appellant—Impugned judgment passed by the Family Court is set aside in so far as it grants a decree of judicial separation to the appellant—Respondent found guilty of cruelty under Section 13 (1)(ia) of the Act—Decree of divorce granted between appellant and respondent and their marriage stands dissolved.
[Paras 37, 40 & 45]