JUDGMENT :

1. These two appeals are filed by the wife challenging the judgment and decree passed by the Court of Senior Civil Judge & JMFC, K.G.F., in M.C.No.63/2009 dated 01.07.2011 and M.C.No.66/2011 dated 26.09.2016.

2. Since the parties to the appeals are common and the dispute between the parties being interlinked, both the appeals are clubbed together, heard and disposed of by this common judgment.

3. Brief facts of the case that would be relevant for the purpose of disposal of these two appeals are that the marriage of the appellant-wife was solemnized with the respondent-husband on 15.12.2005 as per the Hindu rites and customs in the office of the Sub-Registrar, K.G.F. From the wedlock, the couple have a son who was born on 12.04.2009. It appears that after the birth of the child, the relationship between the parties had strained and the wife started residing in her parents house along with her son.

4. The husband had filed the petition under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘the Act’) in M.C.No.63/2009 before the Family Court, alleging that his wife had left his company on 16.04.2009 without there being any valid reasons and ever since then, she has been residing in her parents house and inspite of best efforts made by him to bring her back along with the child, she had refused to join him. He had also contended that the wife had failed to fulfill her marital obligations inspite of he providing her all the basic facilities in the matrimonial house.

5. The respondent-wife had entered appearance in the said proceedings and had filed statement of objections, wherein she had admitted the relationship between the parties, but had disputed the allegations made against her. It was contended by her that the husband had ill-treated her and was demanding dowry and in the month of April 2007, an attempt was made to kill her by pouring kerosene oil and setting her on fire. She had also stated that in this regard, a police complaint was lodged and a criminal case was registered against her husband. She, therefore, contended that she had valid reasons to leave the company of her husband.

6. During the course of trial, in order to substantiate his case, the husband had examined himself as PW-1 and got marked seven documents as Exs.P-1 to P-7. On the other hand, the wife had examined herself as RW-1 and got marked three documents as Exs.R-1 to R-3 in support of her case. The Family Court, after appreciating the evidence on record, by its judgment and decree dated 01.07.2011, allowed the petition filed by the husband under Section 9 of the Act seeking restitution of conjugal rights.

7. After the disposal of the petition filed by the husband under Section 9 of the Act, the wife filed M.C.No.66/2011 on 15.07.2011 under Section 13(1)(i)(ia)(ib) read with Section 25 of the Act seeking dissolution of marriage. In the said petition, the wife had contended that the mother of her husband Smt. Padmavathi and her sister Smt. Umavathi had proposed the marriage and they had assured that they will not demand for dowry or marriage expenses as the husband was a divorcee. However, at the time of marriage, the husband and his family members demanded money for printing invitation card and to bare 50% of marriage expenses and to give jewels and house hold utensils and Rs.10,000/-cash for stitching suit, and the said demands were complied by the appellant-wife and her family. It was further contended by the wife that after three months of marriage, the husband and his parents demanded a two-wheeler, bracelet and Rs.75,000/-as dowry and when her parents expressed their inability, the husband and his parents assaulted her and abused her in filthy language and the husband had stated that he is already divorced and it is very easy for him to divorce her as well.

8. It was further contended that during the month of February 2007, the husband and his family members in furtherance of their ill-treatment had confined her in a room without providing