N CHANDRA SHOBHA Vs. N VIMALA PRASAD

JUDGEMENT

(1.) BOTH these appeals are preferred by the wife under Section 19 of the Family Courts act against the common order passed by the learned Judge, Family Court, Hyderabad in O. P. Nos. 13 of 1998 and 259 of 1998, dated 20. 8. 2001. The appellant is the wife and the respondent is the husband in both these appeals and they are being referred to as "the wife" and "the husband".

(2.) O. P. No. 13 of 1998 was filed under section 9 of the Hindu Marriage Act, 1955 (for short "the Act") by the husband on 5. 1. 1998 seeking restitution of conjugal rights, whereas O. P. No. 259 of 1998 was filed by the wife on 3. 4. 1998 seeking divorce on the ground of cruelty. Both the said OPs were tried together and by common order, while o. P. for restitution of conjugal rights was allowed, the divorce O. P. was dismissed. Hence the wife has assailed the said common order in both these appeals.

(3.) WE have heard Sri R. Satyanarayana reddy, learned counsel for the appellant-wife and Sri Ch. Dhanamjaya, learned counsel for the respondent-husband, in both these appeals.