( 1 ) THIS appeal has been filed against the judgment and decree dated 22-4-1997 passed by Shri B. D. S. Srivastava, Judge, Family Court, Varanasi by which the Judge, Family Court, Varanasi had decided two cases :- (i) Case No. 268 of 1995 Rajesh v. Kumud - Application for restitution of conjugal rights under Section 9 of Hindu Marriage Act. The said application was dismissed by the aforesaid order. (ii) Case No. 316 of 1995 Kumud v. Rajesh - Application under Section 13 of Hindu Marriage Act for a decree of divorce on the ground of cruelty and desertion. The said application was allowed by the aforesaid judgment and decree.

( 2 ) IT may be mentioned at the very outset that the appellant husband had moved application under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act) on 26-9-1995. The wife respondent moved an application under Section 13 of the Act on 9-11-1995.

( 3 ) IN order to understand the controversy in the present appeal the following few facts are necessary. Parents are keen to marry their daughter and of course it is their moral and pious duty to do so. Later on after marriage it is generally found that there is difference of u