RUMA CHAKRABORTY Vs. PRANAB KUMAR CHAKRABORTY

JUDGEMENT

(1.) The above captioned first appeal [MAT.APP.(F.C.) 246/2023] has been preferred by the appellant against the judgment dtd. 13/5/2010 passed by the learned Family Court, whereby her petition under Sec. 13(1)(ia) and desertion under Sec. 13(1)(ib) of the Hindu Marriage Act, 1955 seeking divorce from respondent-husband has been dismissed.

(2.) The above captioned second petition [MAT.APP.(F.C) 247/2023] under Sec. 28 of the Hindu Marriage Act, 1955 read with Sec. 96 and 151 of the Code of Civil Procedure, 1908 has also been filed by the appellant seeking setting aside of the order dtd. 13/5/2010 whereby petition under Sec. 9 of the Act, filed by her husband i.e. respondent herein, seeking Restitution of Conjugal Rights, has been allowed by the learned Family Court.

(3.) The brief background of these appeals, as contemplated by the appellant, are that the parties got married on 14/12/1998 according to Hindu Rites and Ceremonies at Kanpur, U.P. and after marriage, she was taken to Rai Bareilly, U.P., which is her matrimonial home. The marriage was duly consummated and one female child was born out of the wedlock on 23/12/1999.