V.ESWARAIAH - (1.) ALL these three appeals are filed by the appellant / husband aggrieved by the orders passed in O.P. 1/2003 dated 18.08.2006 and against the common order passed in O.P. 19/1999 and O.S.19/2001 dated 31.12.2001 on the file of the Family Court, Kurnool.
(2.) THE parties herein are referred to as "husband" and "wife" for the sake of convenience. The husband filed O.P.1/2003 on the file of the Family Court, Kurnool under S.13(1 - A)(ii) of Hindu Marriage Act read with under S.7(1)(a) of Family Courts Act seeking divorce against the wife on the ground that there has been no restitution of conjugal rights between them for a period of one year or upward after passing of decree of restitution of conjugal rights in O.P.19/1999 dated 31.12.2001. The said O.P. No. 1/2003 was dismissed by the Court below, against which FCA.230/2008 is filed.
(3.) EARLIER to filing the O.P. 1/2003 by the husband, the wife filed O.P.19/1999 under S.9 of the Hindu Marriage Act r/w. S.7(1)(a) of Family Courts Act for restitution of conjugal rights, and also filed O.S. 19/2001 under S.18 of the Hindu Adoption and Maintenance Act for grant of monthly maintenance @Rs.3,000/- p.m. on the file of the Family Court, Kurnool. The Court below delivered a common order in both the O.P. and O.S. filed by the wife and allowed the same. Aggrieved by the same, the husband filed CMA.333/2002 and A.S.158/2002.;