ARUN TANDON ,RAJIV JOSHI,JJ. - (1.) This appeal under section 19 of the Family Courts Act, 1984 (herein after referred to as the Act, 1984) is directed against the judgment and order of the Principal Judge, Family Court, Jhansi passed in Petition No. 108 of 2003 (Raj Kumar Makdariya v. Kiran @ Karuna) dated 02.01.2010 .
(2.) A Division Bench of this Court has already noticed the concession of the counsel for the parties in its order dated 10.01.2017 for the appeal being decided on the basis of the records received from the Court below without insisting on filing of paper book. Accordingly, with the consent of the parties, we have heard the appeal on merits.
(3.) Facts relevant for deciding the present appeal are as under : Marriage between Raj kumar Makdariya and Kiran @ Karuna was solemnized in accordance with the Hindu rights and rituals on 07.12.1996 at Jhansi. The husband filed an application under section 13 of the Hindu Marriage Act, 1955 (herein after referred to as the 'Act, 1955') for divorce on 01.07.1998. The wife, on the contrary, filed a petition for restitution for conjugal rights under Section 9 of the Act, 1955 on 29.05.2000. Both the petitions were clubbed together and under the common judgment and order dated 09.04.2002, the petition of husband was rejected while the petition filed by the wife for restitution of conjugal rights was decreed.;