SHAKUNTALA Vs. SHIVRATAN

JUDGEMENT

(1.) BOTH those appeals are closely inter -connected. They arise out of matrimonial dispute between the parties. Appellant Shakuntalafiled a suit for restitution of conjugal rights against her husband respondentShivratan, who had filed a suit for divorce on the ground of cruelty. The trialCourt while decreeing husband respondent's suit for divorce, dismissed wifeappellant's suit for restitution of conjugal rights. F.A. 47/88 is directed againstthe dismissal of suit for restitution of conjugal -rights, while appeal No. 46/88is against the judgment and decree of divorce dt. 23.6.1988 passed in CO.Section 3 -A/86 by Addl. District Judge, Kukshi.

(2.) SHRI Barania, for the appellant and Shri Ahiwasi, for the respondentare heard.

(3.) IT is an admitted position that the parties were married at Indoreabout 10 years prior to the filing of the suit for divorce. Both of them are inGovt. Service. While the respondent husband is an Upper Division Clerk inP.H.E. Deptt. Posted at Kukshi (Bara Babu) as pleaded by him in para of thepetition. The appellant wife is a nurse posted at Tanda in the same DistrictDhar. They have a son and a daughter aged about 11 and 18 yearsby now.