LAKSHMI AND ORS. Vs. ABHINAY

JUDGEMENT

(1.) Since the aforesaid appeals are directed against a common judgment passed in OP.No.988/2017, OP.No.59/2018 and OP.No.914/2018 of the Family Court, Irinjalakuda and the parties are common, all the appeals are heard together and disposed of accordingly.

(2.) OP.No.988 of 2017 was filed by the husband by name Abhinay against the wife by name Lakshmi, seeking a decree for restitution of conjugal rights. OP.No.59 of 2018 was filed by the wife against the husband, seeking a decree for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act. OP.No.914 of 2018 was filed by the husband against the wife, seeking a decree for damages caused to him on account of the alleged defamatory statements made against him by the wife and the expenses allegedly suffered by him due to the conduct of the wife.

(3.) The Family Court has framed five points for determination and conducted joint trial of all the aforesaid cases. The points are framed differently and distinctly; but all the points are determined together and rendered the findings commonly under the heading "Points No.1 to 5"? . We are of the view that the aforesaid manner in which the judgment has been written against the statutory mandate is under Order XX Rule 5 of the Code of Civil Procedure. Order XX Rule 5 of the CPC reads thus:-