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2024 Supreme(Chh) 408

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Jitendra Chandrakar, S/o Shri Malik Ram Chandrakar – Appellant
Versus
Namita Chandrakar, W/o Shri Jitendra Chandrakar – Respondent


Advocate Appeared:
For the Appellant :Mr. Anand Shukla, Advocate, Mr. Manoj Paranjpe, Advocate.
For the Respondent:Mr. Krishna Kumar Dewangan and Mr. Pradeep Singh Rathore, Advocates.

JUDGMENT :

Radhakishan Agrawal, J.

1. Since both the appeals involve similar question of facts and law, they are being heard together and disposed of by this common judgment.

2. Appellant-Husband preferred a civil suit before the learned Family Court for dissolution of marriage under Section 13 (1)(A) of the Hindu Marriage Act, 1955 (for short, 'the Act, 1955'), whereas respondent- wife herein has also preferred a civil suit before the learned Family Court for restitution of conjugal rights under Section 9 of the Act, 1955. Both the civil suits were registered as Civil Suit H.M.A. Case No.8- A/2012 (Jitendra Chandrakar vs Namita @ Bhawna Chandrakar) and another as Civil Suit H.M.A. Case No.30-A/2012 (Smt. Namita Chandrakar vs Jitendra Chandrakar). Vide impugned judgment and decree dated 25.09.2019, the learned Second Additional Principal Judge, Family Court, Raipur, C.G., rejected the Civil Suit H.M.A. Case No.8-A/2012 filed by the appellant- Husband whereas the Civil Suit H.M.A. Case No.30-A/2012 filed by respondent-wife was allowed by 1st Additional Principal Judge, Family Court, Raipur while decreeing the suit in her favour.

3. Being aggrieved by the said impugned judgments dated 25

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