RAJESH Vs. NEHA

JUDGEMENT

(1.) With the consent of the parties these appeals are being heard finally.

(2.) In F.A.No.1082/2016 appellant is husband-Rajesh and in F.A.No.920/2024, appellant is wife-Neha and minor daughter divyanshi. F.A.No.1082/2016 has been preferred by the appellant/husband under Sec. 19 of the Family Courts Act, 1984 (hereinafter referred to as 'the Act, 1984' ) assailing the judgment dtd. 22/11/2016 passed by Principal Judge, Family Court, Mandsaur in HMA Case No.109/2015 whereby petition for divorce under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955') filed on behalf of the appellant/husband has been dismissed whereas F.A.No.920/2024 has been preferred by the respondent/wife assailing the judgment dtd. 1/3/2024 passed by Principal Judge, Family Court, Ratlam in HMA Case No.20-A/2017 whereby her petition filed under Sec. 9 of the Act, 1955 for restitution of conjugal rights has been dismissed.

(3.) It is not in dispute that appellant and the respondent have entered into wedlock on 2/12/2009 at village Bangrod, district Ratlam according to Hindu rites and customs and out of the wedlock on 12/4/2011 daughter Divyanshi was born.