JUDGEMENT
J.B.PARDIWALA,J. -
(1.)Since the issues raised in both the captioned appeals are the same, the parties are also the same and the challenge is also to a common
order passed by the Family Court, those were taken up for hearing
analogously and are being disposed of by this common judgement and
order.
(2.)In both the appeals, the husband is the appellant and the wife is the respondent.
(3.)One proceeding relates to seeking a decree of divorce and the second proceeding relates to the application filed by the wife under
Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights. In
other words, the husband instituted the family suit seeking a decree of
divorce on the ground of cruelty, etc., which came to be dismissed by the
Family Court. Whereas, the application filed by the wife under Sec. 9
of the Hindu Marriage Act for restitution of the conjugal rights came to
be allowed.
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