SMT. ALKA MAURYA Vs. RAJESH KUMAR MAURYA

JUDGEMENT

(1.) Heard Sri Jamwant Maurya, learned counsel for appellant. None has appeared on behalf of respondent. Since record of both matters is connected hence paper book has been filed in First Appeal No.57 of 2007 and learned counsel for appellant stated that paper book may be read in both appeals.

(2.) We have heard learned counsel for appellant and proceed to decide appeal ex parte.

(3.) Both appeals have arisen from common judgment dated 30.11.2004 passed by Sri S.K. Srivastava, Principal Judge, Family Court, Varanasi in Marriage Petitions no. 436 of 2002 and 463 of 2002. The first petition i.e. 436 of 2002 was filed by husband Rajesh Kumar Maurya praying for decree of divorce under Sec. 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "Act 1955"). Marriage Petition no. 463 of 2002 was filed by appellant for restitution of conjugal rights under Sec. 9 of Act 1955. Trial Court had dismissed the petition filed by appellant under Sec. 9 of Act 1955 but decreed petition filed by respondent and instead of granting decree of divorce it has passed decree of judicial separation. Further Trial Court has also directed respondent husband to pay interim maintenance of Rs. 1000/per month for next one year to appellant.