AVNESHWAR SINGH Vs. MONIKA

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19 of the Family Courts Act, 1984, read with Sec. 28 of the Hindu Marriage Act, 1955 against the impugned judgment and decree dtd. 18/12/2021 passed by learned Principal Judge, Family Courts, Southwest District, Dwarka, New Delhi in HMA No. 1417/2017.

(2.) The learned Family Court vide impugned judgment has dealt with two petitions. One, preferred by the appellant-husband under Sec. 13-1(ia) of the Hindu Marriage Act, 1955 (HMA No. 1417/2017) seeking divorce from husband wife and second, petition preferred by the respondent-wife under the provisions of Sec. 9 of the Act seeking Restitution of Conjugal Rights( HMA No. 1416/2017). The learned Family Court vide order dtd. 20/4/2019 directed that these petitions shall be tried together and evidence led in HMA No. 1417/2017 shall be considered in both the petitions, being the lead case.

(3.) Relevantly, the learned Family Court vide impugned judgment dtd. 18/12/2021, has dismissed the petition seeking divorce preferred by the appellant-husband and has also dismissed the petition preferred by the respondent-wife seeking Restitution of Conjugal Rights. It is against the dismissal of petition under Sec. 13 (1) (ia) of the Act, the appellant has preferred the present appeal.