(1.) Since the issues involved in these family court appeals are identical and since the parties to the appeals are the same, they are heard together and are decided by this common judgment.
(2.) Sangeeta, the appellant in Family Court Appeal No.58 of 2015 is the original respondent No.1 in Hindu Marriage Petition No.A839 of 2012, that was filed by her husband Sushil. So also, Kamlesh, the appellant in Family Court Appeal No.67 of 2015 is the respondent No.2 to Hindu Marriage Petition, bearing No.A839 of 2012, filed by Sushil for a decree of divorce against Sangeeta on the ground that Sangeeta had voluntary sexual intercourse with Kamlesh and hence, the marriage between Sushil and Sangeeta may be dissolved by a decree of divorce under Sec. 13(1)(i) of the Hindu Marriage Act.
(3.) Few facts giving rise to these family court appeals are stated thus Sushil and Sangeeta were married at Nagpur on 25/04/1999 according to Hindu rites and customs. A girl child named Anushree and a boy named Gaurav were born from the said wedlock. On 03/03/2010, Sangeeta was admitted to the Hospital of Dr.Gaikwad for consuming poison and after she was discharged from the said Hospital, she did not join the company of Sushil and went to reside in the house of her parents. Immediately thereafter, Sangeeta filed a petition for a decree of divorce against Sushil, bearing Petition No.A 260 of 2010 on 31/03/2010. A written statement was filed by Sushil in the said petition on 13/12/2010. Along with the written statement, a counter claim for a decree of restitution of conjugal rights was made by Sushil. During the pendency of Hindu Marriage Petition bearing No.A 260 of 2010, Sushil filed an amendment application seeking permission to file a counter claim for a decree of divorce on the ground that Sangeeta had voluntary sexual intercourse with Kamlesh. The Family Court did not permit the filing of the aforesaid counter claim in the petition filed by Sangeeta for a decree of divorce, however, liberty was granted to Sushil to file appropriate proceedings. Sushil, then filed the present petition bearing Petition No.A839 of 2012 for a decree of divorce under Sec. 13(1)(i), (ia) and (ib) of the Act on the ground that Sangeeta had deserted him, had treated him with cruelty and she had voluntary sexual intercourse with Kamlesh.