GOVARDHAN KAPOOR Vs. VEENA KAPOOR

JUDGEMENT

(1.) THESE appeals are directed against a common judgment delivered by Family Court dismissing the petition filed by the appellant/husband for permanent injunction seeking to restrain the respondent from dispossessing the appellant from the matrimonial house and allowing the petition filed by the respondent/wife granting divorce to her on the ground of desertion and cruelty. The parties are common in both the appeals and as the questions involved also overlapped, we are disposing of both the appeals by this common judgment.

(2.) THE marriage between the appellant and the respondent was solomanised at Delhi on 26-4-1969 according to Hindu vedic rites. Out of the marital wedlock two sons are born to the couple by name Navin and Sachin and their date of birth is 9-5-1974 and 27-9-1977 respectively. Both the sons are now major. Elder son Navin is staying in U.S.A.

(3.) THE respondent then filed a petition for divorce on the ground of desertion and cruelty being M.J. Petition No.A-85/97. In the petition filed by the wife, an application was moved seeking an injunction against the appellant restraining him from entering the matrimonial house. During pendency of the petitions, consent terms were filed in both the petitions on 16-7-1997 providing for interim arrangement till disposal of petitions, whereunder the suit flat was partitioned according to the map annexed to the consent terms, and the kitchen was to be jointly used by both the parties. Issues were framed and parties agreed to lead common evidence in both the petitions. Parties led evidence and the Family Court by the impugned judgment and decree dismissed the petition filed by the appellant claiming injunction whereas the petition filed by the wife for divorce was decreed as prayed for.