SANGHAMITRA SINGH Vs. KAILASH CHANDRA SINGH

JUDGEMENT

(1.) The appellant-wife filed a petition under Section 9 of the Hindu Marriage Act read with Section 7 of the Family Courts Act praying for restitution of conjugal rights and issuance of a direction to the husband to join her company. The said petition was registered as Civil Proceeding No.201 of 1995 in the Court of the learned Judge, Family Court, Cuttack.

(2.) Respondent-husband filed a petition under Section 30 of the Hindu Marriage Act read with Section 7 of the Family Courts Act praying for a decree of divorce against the wife in the same Court and the said petition was registered as Civil Proceeding No.217 of 1996. Both the proceedings were heard together by the learned Judge, Family Court, Cuttack and were disposed of by a common judgment.

(3.) The trial Court decreed Civil Proceeding No.217 of 1996 filed by the husband and directed that the marriage solemnised on 5-7-1991 between the parties is dissolved by a decree of divorce and dismissed Civil Proceeding No.201 of 1995, filed by the wife, rejecting her prayer for restitution of conjugal rights. Against the said judgment, the wife, as appellant, has filed the aforesaid two appeals.