( 1 ) THESE two appeals at the instance of wife are directed against the judgment and order dated 28-4-1998 passed by Sri V. N. Shukla, the then Family Judge, Gorakhpur, whereby he dismissed the petition under S. 13 (l) (l-a)of the Hindu Marriage Act and allowed the petition of the husband under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act) and directed the wife to discharge her marital obligations within two months.

( 2 ) SMT. Kala Kumari wife of Ram Bhawan anand filed a petition for dissolution of her marriage with the husband by a decree of divorce on the ground of cruelty meted out to her by her husband.

( 3 ) THIS petition was filed on 10-10-1996. Subsequently, in January 1997, the husband filed a petition for restitution of conjugal rights. Both the petitions filed by the parties were heard together and disposed of by a common judgment and order dated 28-4-1998. Therefore, both the appeals filed by the wife against the aforesaid judgment and decree were heard together and are being disposed of by a common order.

( 4 ) ADMITTEDLY, the marriage of Smt. Kala kumari was solemnized with Ram Bhawan anand on 23-4-1985 and out of this