SUNIL SONI Vs. SUHASINI SONI

JUDGEMENT

(1.) Appellant have filed these appeals under Sec. 19(4) of the Family Courts Act, 1984 against the judgment and decree dtd. 21/4/2017 passed in RCS No. 1003-A/2012 and 462-A/2012 by Shri Vinod Bhardwaj, II Additional Principal Judge, Family Court Bhopal.

(2.) Appellant had preferred a petition for Restitution of Conjugal Rights under Sec. 9 of the Hindu Marriage Act, 1955 which was registered as RCS No. 1003-A/2012 and respondent had preferred a petition under Sec. 13 of the Hindu Marriage Act, 1955 for divorce. Said civil suit was registered as 462-A/2012. Suit filed by appellant for Restitution of Conjugal Rights was dismissed and suit filed by the respondent for divorce was decreed by common judgment and decree dtd. 21/4/2017. Aggrieved by aforesaid judgment and decree, two appeals have been preferred before this Court by appellant. One against allowing petition of respondent/wife under Sec. 13 of the Hindu Marriage Act,1955 and second against dismissal of his petition under Sec. 9 of the Hindu Marriage Act, 1955.

(3.) Since both suits were based on same set of facts, therefore, trial Court has decided both the suits by common judgment and decree.