Divorce Petition -- Restitution of Conjugal Rights -- Single Appeal Against Two Distinct Reliefs -- Not Maintainable
A single appeal filed against two distinct reliefs, namely dismissal of a divorce petition and a decree of restitution of conjugal rights passed by way of counter claim, is not maintainable even though both reliefs were dealt with by a common judgment. The fact that the issues involved were common and the parties were the same does not render such a composite appeal maintainable, as the two reliefs are distinct and separate in nature -- Hindu Marriage Act, 1955 -- Sections 13 and 9.
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