LAWS(MPH)-2023-1-100

ABHISHEK PARASHAR Vs. NEHA PARASHAR

Decided On January 17, 2023
Abhishek Parashar Appellant
V/S
Neha Parashar Respondents

JUDGEMENT

(1.) The common judgment dtd. 27/3/2019 passed in RCS No. 1289A/2015 and RCS No. 516A / 2017 is subject matter of challenge in these appeals. RCS No. 1289A/2015 was an application filed under Sec. 13 of Hindu Marriage Act, 1955 (H.M. Act) by the husband seeking decree of divorce on various grounds whereas other RCS was an application filed under Sec. 9 of H.M. Act by the wife for restitution of conjugal rights. The Court below by the impugned judgment dtd. 27/3/2019 decided both the matters and while rejecting the RCS No. 516A /2017 passed judgment and decree in RCS No. 1289A/2015 and granted a decree of judicial separation in favour of the husband.

(2.) The parties are at logger heads on the validity of this common judgment dtd. 27/3/2019. The grievance of appellant" husband is that as per the findings given by the Court below, a clear case was made out by the husband for grant of a decree of divorce. The Court below has committed an error in not granting the decree of Divorce and instead granted a decree of judicial separation.

(3.) The grievance of wife is that the finding given by the Court below shows that there was a possibility of reunion between the parties. The husband continued to help the wife in various aspects and in that event, when possibility of reunion was alive, the Court was not justified in rejecting the application for restitution of conjugal rights filed by the wife.