JUDGMENT/ORDER :

The following judgment of the Court has been dictated by Hon’ble Goutam Bhaduri, J.

Heard.

1. The present appeals are against the judgment and decree dated 26.07.2016 passed by the Additional Principal Family Court in Civil Suit No.266-A/2014. The appeal filed by the husband bearing FAM No.198/2016 is against the dismissal of application for grant of divorce and another appeal bearing No.84/2017 filed by the wife is against the dismissal of application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. Since, both the petitions stood dismissed by the learned Family Court by common judgment. These instant two appeals are being heard analogously as the germane of issue is one and the same.

2. In earlier bout of litigation, two appeals bearing nos. bearing FAM No.54 of 2010 & FAM No. 119 of 2010 were filed by the wife against the initial judgment and decree dated 19.04.2010 passed by the Principal Judge, Family Court, Durg in Civil Suit Nos. 232-A/2008 & 233-A/2008 whereby the application filed by the wife for restitution of conjugal rights was dismissed whereas the application filed by the husband for dissolution of marriage was allowed.