By the Court.—Heard Sri B.D. Mandhyan, learned Senior Advocate assisted by Sri Kumar, learned advocate in support of this appeal and Sri H.R. Mishra, learned senior Advocate assisted by Sri B.K. Tripathi, learned advocate who appeared for the respondents.

2. These are two appeals clubbed together. Both Appeals are by lady challenging the decree for divorce against her and dismissal of her petition for restitution of conjugal rights.

3. Appeal No. 403/2006 challenges the order passed by Principal Judge, Family Court, Gorakhpur dated 17.8.2006 by which Divorce Petition No. 343/2006 filed by the husband who is respondent here has been decreed and the Appeal No. 404 of 2006 challenges the dismissal of petition for restitution of conjugal rights filed by the wife.

4. For disposal of the appeal, necessary facts can be summarised. Marriage between the parties took place eight years before filing of the petition which was filed in the year 2001. Out of the wedlock, just after one year, a male child whose name is Mukul who was aged about six years at the time of filing petition was born. Very next year, a female child whose name is Gudiya who was aged about five years at the time of