Avinash Kumar Tripathi vs Priyanka Tripathi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 689

SHEEL NAGU, DEVNARAYAN MISHRA
Avinash Kumar Tripathi – Appellant
Versus
Priyanka Tripathi – Respondent

Advocates Appeared:
Mr. Sanjay Agrawal - Senior Advocate, with Mr. Gautam Tripathi, Mr. S. Bhamore and Mr. Gaurav Singhal - Advocate, for the Appellant; Mr. Sanjay K. Agrawal and Mr. Yoshowardhan Jain - Advocate, for the Respondent.

JUDGMENT

1. This common judgment shall govern the disposal of both the first appeals filed by husband as both the appeals are arising out of same impugned judgment.

2. These First Appeals under Section 19(1) of the Family Courts Act, 1984 have been preferred by appellant/husband being aggrieved by the judgment and decree dated 11.07.2018 passed by the Principal Judge, Family Court, Katni in Hindu Marriage Act Case Nos.261A/2014 and 265A/2014, whereby the application filed by the appellant/husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 was dismissed and the application filed by the respondent/wife under Section 9 of the Hindu Marriage Act was allowed and the appellant/husband was ordered to restitute conjugal relations.

3. The facts of the case in brief are that the appellant and respondent are legally wedded husband and wife and their marriage was solemnized as per Hindu Rites and Rituals on 20.02.2011 at Village-Bheda, Police Station-Sleemanabad, District-Katni and at that time, the appellant was in Judicial Service and was posted at Raipur as Vth Civil Judge Class-II. On 27.08.2012, they were blessed with a baby girl named Kumari Aradhya. After marriage, the behavio