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2019 Supreme(Kar) 777

L.NARAYANA SWAMY, B.M.SHYAM PRASAD
K. S. Shankar – Appellant
Versus
K. Jyothi – Respondent


Advocates Appeared:
Srinand A. Pachhapure, Adv., V. Shivaraj Hiremath, Adv.

JUDGMENT :

B.M. Shyam Prasad, J.

These appeals are filed by the husband impugning the common judgment and decree dated 19.02.2011 in matrimonial cases in M.C.No.5/2008 and M.C.No.2/2009 on the file of the II Additional Sessions Judge, Bellary (for short, 'the family 'Court'). The matrimonial case in M.C.No.5/2008 is filed by the husband for divorce on the ground of cruelty under Section 10 of the (Indian) Divorce Act,1989 (for short, 'the Divorce Act') and the matrimonial case in M.C.No.2/2009 is filed by the wife for restitution of conjugal rights under Section 22 of the Special Marriage Act,1954 (for short, 'the Special Marriage Act'). These cases have been clubbed, and decided by the common judgment and decree dated 19.2.2011. The husband's petition for divorce in M.C.No.5/2008 is dismissed, and the wife's petition for restitution of conjugal rights in M.C.No.2/2009 is allowed. As such, these appeals by the husband.

2. The undisputed facts are that the couple's marriage is solemnised on 13.11.2005 according to the Christian rites and customs. The couple have a daughter, Miss.Krupa born on 30.10.2006. The husband is working as a police constable, and just prior to the wedding, he wa

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