(Per Smt. Vasanti A. Naik, J.)

Since both these appeals arise from the common judgment of the Family Court, Nagpur dated 15.4.2009 and similar issues arise for determination in the same, they are heard together and are decided by this common judgment.

The appellant in First Appeal No.547 of 2010 is the husband of the appellant in First Appeal No.129 of 2010. The parties are legally wedded husband and wife and their marriage was solemnized on 2931998 at Indraprastha Mangal Karyalaya according to the Hindu rites and customs. It is not in dispute that after the solemnization of the marriage, the parties started residing in the house of the husband at Ujjawal Nagar, Nagpur and thereafter shifted to Bhusawal. Two children are born from the wedlock namely Kum.Rachita, who was aged about 5 years at the relevant time in the year 2005 and son Ayush, who was then aged 2 years. Both the children are residing with their mother, the appellant in First Appeal No.129 of 2010.

In the year 2005, the wife filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is pleaded in the said petition that the parties resided together in Nagpur for a period