JITENDRA CHANDRAKAR Vs. NAMITA CHANDRAKAR

JUDGEMENT

(1.) Since both the appeals involve similar question of facts and law, they are being heard together and disposed of by this common judgment.

(2.) Appellant-Husband preferred a civil suit before the learned Family Court for dissolution of marriage under Sec. 13 (1)(A) of the Hindu Marriage Act, 1955 (for short, 'the Act, 1955'), whereas respondent- wife herein has also preferred a civil suit before the learned Family Court for restitution of conjugal rights under Sec. 9 of the Act, 1955. Both the civil suits were registered as Civil Suit H.M.A. Case No.8- A/2012 (Jitendra Chandrakar vs Namita @ Bhawna Chandrakar) and another as Civil Suit H.M.A. Case No.30-A/2012 (Smt. Namita Chandrakar vs Jitendra Chandrakar). Vide impugned judgment and decree dtd. 25/9/2019, the learned Second Additional Principal Judge, Family Court, Raipur, C.G., rejected the Civil Suit H.M.A. Case No.8-A/2012 filed by the appellant- Husband whereas the Civil Suit H.M.A. Case No.30-A/2012 filed by respondent-wife was allowed by 1stAdditional Principal Judge, Family Court, Raipur while decreeing the suit in her favour.

(3.) Being aggrieved by the said impugned judgments dtd. 25/9/2019 and 9/7/2018, the appellant-husband herein preferred these appeals seeking decree of divorce in his favour while praying for setting aside the decree passed in favour of respondent-wife for restitution of conjugal rights.