BABITA Vs. SHYAM SINGH

JUDGEMENT

(1.) APPELLANT/petitioner has filed the First Appeal (No. 475/97) under Section 28 of the Hindu Marriage Act against the judgment and decree dated 30. 9. 1997 in Civil Suit No. 15-A/97 passed by the learned IInd Additional District Judge, Dewas dismissing her petition filed for dissolution of marriage on the ground of cruelty.

(2.) THE appellant has filed another appeal (F. A. No. 476/97) under Section 28 of the Hindu Marriage Act against the same judgment and decree dated 30. 9. 1997 in Civil Suit No. 16-A/97 passed by the same learned IInd Additional District Judge, Dewas, whereby the petition filed by the respondent for restitution of conjugal rights under Section 9 of the H. M. Act was allowed.

(3.) THE petition filed by the appellant for divorce in Civil Suit No. 16-A/97 and the petition filed by the respondent for restitution of conjugal rights in Civil Suit No. 15-A/97 were tried together and the learned Trial Court has recorded evidence of both the cases jointly. It is not in dispute that the marriage between the appellant and the respondent was solemnized on 22. 4. 1985 at Dewas according to the Hindu rites and customs and after one year of the marriage the appellant went in Gauna ceremony on 22. 4. 1986 to live with respondent in the matrimonial house.