NILESH KUMAR SHUKLA Vs. RENUKA SHUKLA

JUDGEMENT

(1.) Heard. The present appeals are against the judgment and decree dtd. 26/7/2016 passed by the Additional Principal Family Court in Civil Suit No.266-A/2014. The appeal filed by the husband bearing FAM No.198/2016 is against the dismissal of application for grant of divorce and another appeal bearing No.84/2017 filed by the wife is against the dismissal of application under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. Since, both the petitions stood dismissed by the learned Family Court by common judgment. These instant two appeals are being heard analogously as the germane of issue is one and the same.

(2.) In earlier bout of litigation, two appeals bearing nos. bearing FAM No.54 of 2010 & FAM No. 119 of 2010 were filed by the wife against the initial judgment and decree dtd. 19/4/2010 passed by the Principal Judge, Family Court, Durg in Civil Suit Nos. 232-A/2008 & 233-A/2008 whereby the the application filed by the wife for restitution of conjugal rights was dismissed whereas the application filed by the husband for dissolution of marriage was allowed. This Court by order dtd. 18/9/2014 while disposing of those appeals remanded the case to the learned Family Court with certain observations as have been made in paras 8 and 9, which are reproduced below:-

(3.) The facts of this case are that on 9/1/1997, both the appellant and the Respondent got married and out of their wedlock, a baby girl was borne on 10/12/1997 namely, Nainy. The wife alleged that after the birth of the child, the behaviour of the husband became hostile and he started demanding money. Since, the father of the wife died earlier as such, the demand was being catered by her mother.