JUDGMENT :

N.S.SANJAY GOWDA, J.

1. The husband, in these appeals, is challenging the order passed by the Family Court, by which the petition filed by the wife for restitution of conjugal rights under Section 9 of the HINDU MARRIAGE ACT has been allowed and also against the rejection of the husband’s counter claim for divorce, which had been sought for on the ground that the husband was inflicted with cruelty by the wife.

2. The parties are referred to by their marital status for the sale of brevity.

3. The facts, as could be ascertained from the pleadings, which have led to filing of the appeals, are as follows: -

(1) The wife was working as a teacher in Ahmedabad and she got married on 27.5.2013. This was the first marriage of the wife and the second marriage of the husband.

(2) The husband had, in fact, lost his first wife when she committed suicide and out of his earlier marriage, the husband had a son, who was aged about 13 years as on the date of his second marriage.

(3) It is the case of the wife that pursuant to the marriage, she and her husband along with his son and her in-laws were staying in a three bedroom apartment which was owned by her husband.

(4) Thereafter, there was di