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2024 Supreme(All) 884

RAJAN ROY, OM PRAKASH SHUKLA
Bijoy Kundu – Appellant
Versus
Piu Kundu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Syed Zulfiqar Husain Naqv, Rohit Tripathi, Shishir Srivastava
For the Respondent: Saurabh Misra, Ajeet Kumar Singh, Ved Prakash Verma, Devansh Vikram Singh

JUDGMENT :

Om Prakash Shukla, J.

1. Heard Mr. Rohit Tripathi, learned counsel for appellant and Mr. D.P. Singh Somvanshi, learned counsel for the respondent.

2. These appeals under Section 19 (1) of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 have been filed by the appellant/husband, assailing the judgment and decree dated 15.02.2021 passed by the Principal Judge/District Judge, Family Court, Lucknow, whereby Regular Suit No. 886 of 2012 filed by the appellant/husband under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage was dismissed and Regular Suit No. 29 of 2013 filed by the respondent/wife under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal right was decreed in favour of the respondent/wife.

3. Since the above-captioned appeals arise out of a common factual matrix and judgment, hence they are being decided by a common order.

FACTS

4. Shorn of unnecessary details, the facts, in brief, which give rise to the appeals herein are as follows :

    In both these appeals, the appellant is the husband and the respondent is the wife. Appellant got married with respondent on 27th November, 1986. Two sons were born ou

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