DISHA KUSHWAHA Vs. RITURAJ SINGH

JUDGEMENT

(1.) This judgment shall govern the disposal of all the aforesaid three cases which are filed by the either parties on matrimonial issues like divorce, restitution of conjugal rights, maintenance pendente lite or grant of regular maintenance. However, they are being heard and decided by this common order.

(2.) The first appeal is filed by the appellant-wife under Section 19 of the Family Courts Act being aggrieved by the judgment and decree dated 02.09.2016 passed in Civil Suit No.828-A/2014 by First Additional Principal Judge, Family Court, Bhopal granting decree of divorce on a suit filed by the respondent-husband under Section 13 (1) of the Hindu Marriage Act. The appellant wife has also assailed the judgment passed in Civil Suit No.464-A/2015 filed by her for restitution of conjugal rights against the respondent which was dismissed by the same order. W.P. No. 5967/2015 has been filed by the husband against grant of maintenance pendente lite vide order dated 5.1.2015 passed in R.C.S. No. 828- A/2014; and M.Cr.C. No. 16660/2015 has been filed by the husband under Section 482 of the Cr.P.C. for setting aside of the order dated 12.1.2015 passed in M.J.C. No. 450/2014 granting maintenance of Rs. 35,000/- to the wife.

(3.) The facts of the case, in brief, are that the appellant is legally wedded wife of the respondent. The marriage was solemnized on 06.02.1999 as per Hindu rituals. They are having three children by the said wedlock i.e. twin daughters and a son. The appellant along with the children is residing separately from the respondent since February, 2013 and they are litigating in the Court by filing various Court cases. Still the wife wish to reside with the husband but he is not ready to live with wife alleging her cruelty.