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2025 Supreme(Online)(MP) 1964

HIGH COURT OF MADHYA PRADESH
SHRI ANAND PATHAK, SHRI HIRDESH, JJ
Rajan – Appellant
Versus
Smt. Mani – Respondent


Advocates:
Shri Prashant Sharma & Shri Siddharth Sharma, Shri H.K.Shukla & Shri Niraj Shrivastava

JUDGMENT

Per Hirdesh, J:-

First Appeal No.178/2022 is filed by husband-appellant under Section 19 of Family Court Act, 1984 against the judgment and decree dated 21.12.2021 passed by Principal Judge, Family Court, Guna in RCSHM Case No.88/2017, whereby the application filed by husband under Section 13(1)(i-a) of Hindu Marriage Act (in short “HM Act”) seeking decree of divorce on the ground of “cruelty” has been dismissed.

(2) Similarly, First Appeal No.235/2022 is also filed by appellant-husband under Section 19 of Family Court Act, 1984 against the judgment and decree dated 21.12.2021 passed by Principal Judge, Family Court, Guna in RCSHM Case No.125/2017, whereby the application filed by respondent-wife under Section 9 of Hindu Marriage Act (in short “HM Act”) seeking restitution of conjugal rights has been allowed.

(3) Since factual matrix of both appeals is same, therefore, they are heard analogously and disposed of by this common judgment.

(4) It is not in dispute that the marriage of appellant was solemnized with respondent on 21.10.2012 in Guna according to Hindu customs and rites.

(5) In the divorce application filed by appellant-husband, it was pleaded by him that his mother

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