R. Balachandran vs G. Reena - 2024 Supreme(Mad) 1333

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1333

J. NISHA BANU, P. DHANABAL
R. Balachandran – Appellant
Versus
G. Reena – Respondent

Advocates Appeared:
For the Appellant : Mr. Mukunth, Senior Counsel for Mr. A. Tamilarasan.
For the Respondent: Mr. S. Kaithamalai Kumaran.

JUDGMENT :

(J. Nisha Banu, J.) :

(Prayer: Civil Miscellaneous Appeals are filed under Section 19 of the Family Court Act praying to set aside the common fair and decreetal order passed in F.C.O.P.Nos.211 & 221 of 2018 dated 26.04.2022 on the file of the learned Judge, Family Court, Erode.)

Since the issue involved in both the appeals are one and the same, they are disposed of by this common judgment.

2. Civil Miscellaneous Appeals have been preferred as against the common fair and decreetal order passed in F.C.O.P. Nos.211 and 221 of 2018 on the file of Family Court, Erode dated 26.04.2022, wherein the appellant/husband has filed a petition under Section 13(1) (i-a) of the Hindu Marriage Act seeking to dissolve the marriage, whereas the respondent/wife has filed a petition under section 9 of the Hindu Marriage Act, seeking a decree of restitution of conjugal rights. Aggrieved against the dismissal of the petition filed by the appellant, and granting of the relief of conjugal rights to the respondent, the appellant has preferred the present civil miscellaneous appeals before this Court.

3. Mr. Mukunth, learned Senior Counsel, appearing for Mr.A.Tamilarasan, learned counsel for the app