N.KUMAR, ARAVIND KUMAR
Suvarna Kom Ratnakar Shet, Sirsi – Appellant
Versus
Ratnakar Vinayak Shet, Dist: Shimoga – Respondent
N. Kumar , J.—M.F.A. No. 23999/2009 is preferred by the wife challenging the order passed by the learned Civil Judge (Senior Division), Sirsi, in M.C No. 29/2006 granting a decree for judicial separation in a petition filed for divorce by her husband. M.F.A. No. 24000/09 is also filed by her challenging the order passed by the learned Civil Judge (Sr. Dn.), Sirsi, in M.C No. 8/2007 dismissing her petition for restitution of conjugal rights. The learned trial Judge did not club both the petitions and record common evidence. He recorded evidence in both cases separately and decided the petition for divorce on merits. While dealing with the wife's petition M.C No. 8/2007 for restitution of conjugal rights in the judgment, though he has set out pleadings of the case and recorded evidence, he has not discussed the evidence on record and dismissed the petition on the ground that already he has passed an order for judicial separation, in M.C No. 29/2006, which should satisfy the wife. Therefore both these appeals are taken up for consideration together and decision to be rendered by this Court in M.F.A. No. 23999/2009 would have a direct bearing on the decision to be rendered in M
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