Smt. Richa Mishra vs Navodit Mishra
2022 Latest Caselaw 1071 Chatt

                                      1

                                                                      NAFR
           HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order reserved on 23.11.2021
                               Order delivered on 25/02/2022
                           FAM No.65 of 2018
   •   Smt. Richa Mishra, W/o Navodit Mishra, aged 41 years, C/o
       Nemdhar Deewan, R/o Village Baharbod, Post Office Odiya, Police
       Station, Tahsil & District Bemetara (CG).
                                                      ---- Appellant/Plaintiff
                                  Versus
   • Navodit Mishra, S/o Late Dr. N.K. Mishra, aged about 43 years, R/o
       Vikash Nagar, 27 Kholi, Police Station Civil Lines, Bilaspur, District
       Bilaspur (CG)
                                                   ....Respondent/Defendant

For Appellant : Mr. Manoj Paranjpe, Advocate with Mr. Shubhank Tiwari, Advocate.

For Respondent : Mr. B.P. Sharma, Advocate with Miss Trisha Das, Advocates

Hon'ble Mr. P. Sam Koshy & Hon'ble Mr. Parth Prateem Sahu, JJ CAV Order Per Parth Prateem Sahu, J;

1. Challenge in this appeal is to the judgment dated 14.12.2007

passed in Civil Case No.21A/2015 whereby learned Family

Court, Bemetara dismissed application filed by plaintiff/

appellant under Section 9 of the Hindu Marriage Act, 1955 for

the reasons mentioned therein.

2. This appeal was listed before this Court along with FAM

No.24/2018 filed by respondent-husband challenging judgment

and decree dated 13.12.2017 passed in Civil Suit No.1-A/2016

whereby learned Family Court, Bemetara dismissed application

filed by respondent husband for grant of decree of divorce on

the grounds enumerated in Section 13 (1) (i-a), (i-b) and (iii) of

the Hindu Marriage Act, 1955.

3. Both the appeals, one by wife against rejection of application

filed under Section 9 of the Hindu Marriage Act, 1955 for

restitution of conjugal rights, and another by husband against

rejection of application filed under Section 13 of the Hindu

Marriage Act, 1955 for grant of decree of divorce, were heard

together and reserved for orders.

4. FAM No.24/2018 filed by respondent husband is allowed;

judgment and decree dated 13.12.2017 is set aside and decree

of divorce is granted by this Court in favour of respondent

husband under Section 13 (1) (i-a) of the Act of 1955.

5. In view of above, relief sought for by appellant-wife in this

appeal cannot be granted. Consequently, this appeal stands

dismissed.

                Sd/-                                           Sd/-
           (P. Sam Koshy)                              (Parth Prateem Sahu)
               Judge                                         Judge




roshan/-