NITIN NAIYAR Vs. JYOTI NAIYAR

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 Court below for dissolution of marriage under Sec. 13 (1) of the Hindu Marriage Act, 1955 (for short, 'the Act, 1955'), whereas respondent-wife herein has also preferred a civil suit before the Court below for restitution of conjugal rights under Sec. 9 of the Act, 1955. Both the civil suits were registered as Civil Suit No.135-A/2017 (Nitin Naiyar vs Smt. Jyoti Naiyar) and another was registered as Civil Suit No. 89A/2016 (Smt. Jyoti Naiyar vs Nitin Naiyar). Vide impugned judgment and decree dtd. 24/12/2021, the learned First Additional Principal Judge, Family Court, Durg, C.G., rejected the Civil Suit No.135-A/2017 filed by the appellant- Husband while decreeing the Civil Suit No.89-A/2016 in favour of respondent-wife.

(3.) Being aggrieved by the said impugned judgments dtd. 24/12/2021, 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.