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2021 Supreme(Bom) 1765

A.S.CHANDURKAR, G.A.SANAP
Abha – Appellant
Versus
Nitin – Respondent


Advocates appeared:
M.P.Kariya, Advocate, A.K.Bhangde, Advocate

JUDGMENT

G.A.SANAP,J.

1. In both these appeals the parties are same and therefore, these two appeals are disposed of by common Judgment. The Family Court Appeal No. 25 of 2015 is filed by the appellant being aggrieved by the judgment and decree passed in Petition No. A-203 of 2013 whereby, the Family Court granted the decree for restitution of conjugal rights, as prayed by the respondent. The Family Court Appeal No. 26 of 2015 is filed by the appellant being aggrieved by the judgment and decree passed in Petition No. A-962 of 2011 whereby, the Family Court rejected the decree for divorce, as prayed by the appellant.

2. The facts giving rise to these appeals are as follows:

    The petitions filed by both the parties before the Family Court, Nagpur was the second round of litigation between them praying the identical reliefs. The marriage between the appellant and respondent is the inter caste love marriage. They got married on 10/7/2000 at Nagpur. The couple was blessed with a daughter, on 28/6/2008. In the year 2002, the appellant had filed petition bearing No. A-421 of 2002 for divorce. The respondent had filed the petition bearing No. 1824 of 2004 for restitution of conjugal rights. T

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