( 1 ) THESE two appeals filed by wife arise out of a common order of the Family Court at hyderabad dated 27-8-1999 made in o. P. Nos. 775 of 1996 and 567 of 1995. Whereas O. P. No. 567 of 1995 has been filed by the husband against the wife seeking dissolution of marriage between the parties under Section 13 (l) (ia) of the Hindu marriage Act, 1955, the other O. P. No. 775 of 1996 has been filed by the wife under section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. Both the O. Ps were tried together and on the basis of common evidence adduced, the Family court by a common order allowed O. P. No. 567 of 1995 granting decree of divorce and dismissed O. P. No. 775 of 1996 filed by wife for restitution of conjugal rights. Aggrieved by the said order the wife filed the present appeals viz. , C. M. A. Nos. 108 of 2000 and 3186 of 1999 against the common order in O. P. No. 775 of 1996 and O. P. No. 567 of 1995 respectively. Since both these appeals arose out of a common order, they are heard and decided together.

( 2 ) FOR the purpose of convenience, the parties in these appeals are hereinafter referred to as the wife and husband.

( 3 ) IT is admitted by both the parties that they were married on 8-12-1993 at Tirumala and the marriage was consummated on 10-12-1993. It is also admitted that even by the date of the marriage the wife is an employee of Railways and working as enquiry-cum-Reservation Clerk at secunderabad Railway Reservation complex. It is also not in dispute that the father of the wife is also a Retired Railway officer and the parents of the wife are residing at Mettuguda, Secunderabad, very near to the work place of the wife. The house of the husband is situated at Saleemnagar colony, Malakpet, Hyderabad and both the parties admitted that soon after the marriage, the wife joined the husband at his house where he is staying along with his parents and younger brother.

( 4 ) THE husband filed O. P. No. 567 of 1995 on 19-6-1995 in the Family Court at hyderabad under Section 13 (l) (ia) of the hindu Marriage Act, 1955 seeking dissolution of the marriage between the parties on the ground of cruelty. The averments made by the husband in the said petition in brief are as follows:

( 5 ) AFTER the marriage it has come to the notice of the husband that the wife likes to stay with her mother who was residing at mettuguda, Secunderabad and that in the 18 months of the married life, she might have hardly stayed in his house for 60 days, that too intermittently. It was also alleged that the wife was very arrogant and had no respect for elders and had no civilized habits. Her duties are in shifts from 8. 00 a. m. to 2. 00 p. m. and 2. 00 p. m. to 8. 00 p. m. She gets up very late whenever her duties are in the after noon. She always keeps herself aloof and did not mingle with the family members of the husband. She does not know cooking and she used to expect her mother-in-law or other members of the family to cook for her and serve food at her room. She used to go to her mother s house without informing anybody including the husband and used to return whenever she liked. It was also alleged that the wife did not join the thread marriage ceremony and the marriage of the younger brother of the husband and she also failed to attend any important and religious functions in the house of the husband. It was further alleged that the wife got her pregnancy aborted without the consent or knowledge of the husband some time in March, 1994 and during the second pregnancy though the Doctors advised that she needs absolute bed rest to save pregnancy, she refused to do so resulting in premature delivery by Cesarean operation in october 1994 and the female child born to her died just after an hour. It had also been alleged by the husband that the wife levelled false and unfounded allegations against him attributing illicit intimacy with the newly wedded wife of his younger brother and she abused and insulted th