Ashok Kumar Gaur, J.

1. The present batch of appeals has been filed by the appellant wife challenging the judgment & decree dated 25.06.2016, wherein the petition filed by the respondent-husband seeking divorce has been allowed and the application filed by the appellant-wife for restitution of conjugal rights under section 9 of the Hindu Marriage Act has been dismissed.

2. The facts in nutshell for deciding both the appeals are as under :

The appellant and respondent got married as per Hindu Customs on 26.11.2001 at Jaipur. Out of the wedlock, one son, namely, Garvit was born on 10.02.2005.

3. The respondent-husband filed an application under section 13 of the Hindu Marriage Act on 15.07.2012 alleging that after marriage of the appellant and respondent, the appellant stayed with respondent at Mandsaur only for 15-17 days. It was alleged that during appellant's stay at Mandsaur, she continuously used to fight, her behaviour was cruel & unjust towards respondent and his parents for no good reasons. It was alleged that the appellant was the only daughter and she had three other brothers and due to this, she was a pampered child in her family and her behaviour was very rude. The respondent pleaded that appellant came to her parental place along with her father and brother and respondent had to shift Jaipur and he stayed with the appellant for almost 4 years, just to convince her to come back to Mandsaur but it was all in vain.

4. The respondent-husband pleaded that he and his parents tried their best to convince the appellant and her parents to send her back but neither the appellant came back to Mandsaur nor there was any affirmative reply from her and her parents side. The respondent pleaded that even after staying for considerable time with her at Jaipur, she never changed her behaviour and used to misbehave with him and without any justification she was bent upon to stay at Jaipur. It was pleaded that appellant used to give threat of committing suicide, lodging of FIR for demand of dowry, while there was no such demand by the respondent. It was alleged that the parents of appellant and her brother had come to Mandsaur on 06.04.2002 and after staying for one day, they quarreled with the parents of the respondent and while returning back from Mandsaur on 07.04.2002, they took their articles & belongings. It was alleged that appellant was staying on her own at Jaipur and she was teaching in Jyotiba Phule College/Kanodiya Girls College and also running her own coaching institute in the name of I.P.L Classes at Jamna Nagar, Sodala, Jaipur.

5. It was alleged that on several occasions i.e. on 24.04.2004, 09.02.2006, 02.07.2007 and thereafter on 18.09.2010 when the respondent came to take back the appellant-wife, she used abusive language and quarreled with the respondent. It was alleged that on 27.04.2012 again when the respondent had gone to appellant's house, she again misbehaved in presence of the friend of the respondent-husband. The respondent had also sent legal notice through his counsel to call back the appellant from Jaipur and he then filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights in the court of District Judge, Mandsaur (M.P.) bearing Case No. 113/2007, however, on assurance of parents and relatives of the appellant-wife to join the matrimonial home at Mandsaur, the said proceedings were dropped by the respondent-husband. The respondent alleged that appellant was staying away from him for the last more than 5 years having no physical relation/cohabitation and the appellant was staying away from the respondent without any justification and failed in discharging matrimonial obligations. The respondent pleaded that on the ground of cruelty and desertion, he was entitled for decree of divorce.

6. The appellant-wife filed reply to the application and denied the allegations. The appellant took plea that when she reached matrimonial home at Mandsaur her in-laws removed the ser