SEEMA AGARWAL Vs. RAJESH AGARWAL

JUDGEMENT

(1.) Instant two misc. appeals have been filed u/S.19 of the Family Courts Act, 1984 against the judgment of ld. Family Court dated 30.1.2010.

(2.) Respondent-Rajesh Agarwal filed application seeking divorce u/S.13 of the Hindu Marriage Act, at the same time, appellant, Smt. Seema Agarwal also filed application for restitution of conjugal rights u/S.9 of the Hindu Marriage Act and the ld. family Court while granting decree of divorce filed at behest of respondent-Rajesh Agarwal, dismissed the application filed by the appellant for restoration of conjugal rights u/S.9 of the Hindu Marriage Act by the self same common judgment dated 30.1.2010, against which, instant two appeals have been filed by the appellant Seema Agarwal.

(3.) The facts can be noticed from the impugned judgment of the ld. family court that the marriage of the parties was solemnized on 29.1.2001 as per Hindu ritual at Jodhpur City and from this wedlock, a daughter Khushi and son Prakhar (Pulkit)) were born but because of some family disputes between the spouse which has reached to the stage where respondent husband Rajesh Agarwal filed application for seeking divorce u/S.13 of the Act and the appellant also moved application u/S.9 for restitution of conjugal rights which was decided by common judgment.