(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short " CPC ") being aggrieved by the Judgment and Decree dtd. 9/8/2024 passed in Regular Civil Appeal No. 39 of 2023 whereby, the Judgment and Decree dtd. 16/9/2023 passed in Hindu Marriage Petition No. 44 of 2017 by 3rd Additional Senior Civil Judge Valsad under Sec. 9 of the Hindu Marriage Act, 1955 , has been confirmed.
(2.) For the sake of brevity and convenience, the parties are referred to as Petitioners and Respondents.
(3.) The brief facts arising in the present Second Appeal are that the Petitioner filed a Petition under Sec. 9 of the Hindu marriage Act, 1955 ("HMA") for Restitution of Conjugal rights. It is the case of the Petitioner that the Petitioner and Respondent got engaged on 29/5/2016 and they got married on 13/2/2017 and after marriage, the Petitioner went to stay with the Respondent.