Anima Hazarika, J.

1. By this matrimonial appeal, the wife who is the respondent in FC (Civil) Suit No. 43/2008 and the petitioner in FC (Civil) Suit No. 228/2008 on the file of the Principal Judge, Family Court, Kamrup, Guwahati has assailed the legality and validity of the judgment and decree dated 13.02.2012 and 16.02.2012 respectively passed by the Principal Judge, Family Court, Kamrup, Guwahati whereby and whereunder the learned Trial Judge dissolved the marriage between the spouses by decree of divorce filed by the petitioner husband in FC(Civil) Suit No. 43/2008 but refused to pass the decree for restitution of conjugal rights filed by the appellant herein and petitioner in FC(Civil) Suit No. 228/2008. Heard Ms. M.D. Choudhury, learned counsel appearing for the appellant wife. Also heard Mr. A.K. Bhuyan, learned counsel appearing for the respondent husband.

2. The brief facts in FC (Civil) Suit No. 43/2008 filed by the husband against the wife seeking dissolution of marriage by a decree of divorce whereas in FC (Civil) Suit No. 228/2008 filed by the wife against the husband seeking a decree for restitution of conjugal rights are summarized hereinbelow:

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