Honble GOYAL, J.–Both these appeals have been filed by the husband and wife respectively challenging the judgment and decree dated 18.8.1998 passed by learned Judge, Family Court, Ajmer in matrimonial case No. 277/97, Rakesh Sharma vs. Surbhi Sharma. The learned Judge while allowing the application of the husband passed the decree of judicial separation instead of decree of divorce in favour of the husband and against the wife.

(2). The applicant husband Rakesh Sharma has filed appeal No. 281/2000 with a prayer that a decree of divorce instead of judicial separation should be passed in his favour while the wife Smt. Surbhi Sharma has challenged by filing appeal No. 411/2000, all the findings alongwith the above judgment and decree. We shall refer the parties in this judgment as husband and wife.

(3). The facts in brief are that the applicant Rakesh Sharma was married to Smt. Surbhi Sharma on 11.2.1989 at Ajmer according to Hundu Rites and Rituals. A son was born out of this wedlock on 23.7.1992. The husband filed an application for divorce on 24.9.197 in the Family Court, Ajmer under Sec. 13 (1), (ia) and (ib) of the hindu Marriage Act 1955 (for short `the Act of 1955) on the grounds

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