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2024 Supreme(Online)(DEL) 11013

HIGH COURT OF DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ
SH. AVNESHWAR SINGH – Appellant
Versus
SMT.MONIKA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sudhir Nandrajog, Mr. Kanishk Ahuja
For the Respondents: Ms. Priya Puri, Mr. Ranjan Dubey

JUDGEMENT

SURESH KUMAR KAIT, J

1. The present appeal has been filed under Section 19 of the Family Courts Act, 1984 , read with Section 28 of the Hindu Marriage Act, 1955 against the impugned judgment and decree dated 18.12.2021 passed by learned Principal Judge, Family Courts, Southwest District, Dwarka, New Delhi in HMA No. 1417/2017.

2. The learned Family Court vide impugned judgment has dealt with two petitions. One, preferred by the appellant-husband under Section 13-1(ia) of the Hindu Marriage Act, 1955 ( HMA No. 1417/2017) seeking divorce from husband wife and second, petition preferred by the respondent-wife under the provisions of Section 9 of the Act seeking Restitution of Conjugal Rights( HMA No. 1416/2017). The learned Family Court vide order dated 20.04.2019 directed that these petitions shall be tried together and evidence led in HMA No. 1417/2017 shall be considered in both the petitions, being the lead case.

3. Relevantly, the learned Family Court vide impugned judgment dated 18.12.2021, has dismissed the petition seeking divorce preferred by the appellant-husband and has also dismissed the petition preferred by the respondent-wife seeking Restitution of Conjugal

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