KRISHNA KUMAR AGRAWAL Vs. RICHA AGRAWAL

JUDGEMENT

(1.) The aforesaid appeals are being disposed of by this common judgment, as the appellant/husband has preferred a suit under Sec. 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 (for short 'Act of 1955') against the respondent/wife seeking divorce, which was registered as Civil Suit No.108-A/2018 (CIS No.499/2011), whereas, the respondent/wife has also moved an application under Sec. 9 of the Act of 1955 for Restitution of Conjugal Rights against the husband which was registered as Civil Suit No.109-A/2018 (CIS No.1032/2012) and the parties in both the suit are same.

(2.) Civil Suit No.108-A/2018 preferred by the appellant/husband under Sec. 13 (1) (i-a) and (i-b) of the Act has been dismissed whereas, Civil Suit No.109-A/2018 preferred by the respondent/wife under Sec. 9 of the Act of 1955 for Restitution of Conjugal Rights has been allowed vide impugned judgment dtd. 28/11/2018 passed by the First Additional Principal Judge, Family Court, Durg.

(3.) Admittedly, the appellant/husband solemnized marriage with the respondent/wife on 1/7/2007 at Raipur and out of their wedlock one daughter was born on 31/1/2010. After marriage, both the parties came to Bhilai, from where, they proceeded to Hyderabad. Thereafter, in the month of July, 2007 both the parties had moved to America.