JUDGMENT :

S.B. PD. SINGH, J.

1. Heard the parties.

2. Both the appeals have been heard together and are being disposed of by the common judgment.

3. The appellant-wife (Sunila Devi) has come up in these appeals against the judgment dated 27.07.2013 and decree dated 17.08.2013 passed by the learned Principal Judge, Family Court, Rohtas at Sasaram wherein Matrimonial Case No. 45 of 2003 filed by the appellant- wife under Section 9 of the HINDU MARRIAGE ACT for restitution of conjugal rights was rejected and Matrimonial Case No. 47 of 2003 filed by the respondent-husband under Section 13 of the HINDU MARRIAGE ACT for dissolution of marriage was allowed and the marriage between the appellant and the respondent was dissolved by a decree of divorce.

4. Succinctly, the marriage of appellant-Sunila Devi was solemnized with respondent-Pankaj Kumar on 09.05.1997 as per Hindu rites and ceremonies. The marriage was duly consummated; however, no child was born out of the wedlock.

5. The pleaded case of respondent-husband in his petition filed before learned Family Court is that the marriage of the respondent-husband with the appellant-wife was solemnized on 09.05.1997. The appellant was a literate