(1.) This order will dispose of FAO Nos.589 and 591 of 2021 filed by the appellant-husband against the respondent-wife as common questions of facts and law are involved in both these appeals.
(2.) Brief facts as culled out from the paper books are that the parties were married on 7/5/2015 as per Hindu rites and ceremonies. After the marriage, the parties started residing together at the family house of the appellant-husband at Village Doburi, District Gurdaspur. Just after 15 days, the marriage ran into rough weather. The respondent-wife stayed in matrimonial home just for 15 days and both the parties are living separately since 22/5/2015. The respondent-wife lodged an FIR No.261 dtd. 29/8/2015 under Sec. 498-A of the Ranbir Penal Code (for short "the RPC") at Police Station Kathua, Jammu and Kashmir against the appellant and his other family members alleging demand of dowry. Thereafter, the brothers of the appellant-husband filed a petition under Sec. 561-A of the Cr.P.C. for quashing the aforesaid FIR in the High Court of Jammu and Kashmir at Jammu. The respondent-wife even filed a case under the Domestic Violence Act, 2005 against the appellant.
(3.) The appellant filed divorce petition under Sec. 13 of the Hindu Marriage Act, 1955 (for short "the Act") against the respondent-wife on the ground of non-consummation of marriage and physical and mental cruelty. The respondent-wife also filed a petition under Sec. 9 of the Act for restitution of conjugal rights. The petition filed by the appellant-husband under Sec. 13 of the Act has been dismissed and the petition filed by the respondent-wife under Sec. 9 has been allowed by the Principal Judge, Family Court, Pathankot vide its common judgment dtd. 31/5/2021. Aggrieved against the aforesaid judgment, the appellant-husband has approached this Court by challenging the same in these two appeals.