JUDGMENT :

Rajeev Misra, J.

These are two Defendants' First Appeals filed under Section 19 of Family Courts Act 1984 (hereinafter referred to as Act,1984).

2. First Appeal No. 737 of 2017( Smt. Saroj Singh Chauhan Vs. Arvind Kumar Chauhan) has been filed challenging judgement dated 25.07.2017 and decree dated 23.08.2017 passed by Principal Judge, Family Court, Varanasi in Misc. Case No. 77 of 2008 (Saroj Vs. Arvind) in Marriage Petition No.565 of 2007 (Arvind Kumar Chauhan Vs. Saroj Singh Chauhan) whereby and where-under application dated 03.10.2008 (Paper No. 4Ga) filed by Defendant-Appellant (hereinafter referred to as 'Appellant') under Order IX Rule13 C.P.C. for recall of exparte judgement dated 08.05.2008 and decree dated 04.08.2008, respectively has been rejected.

3. First Appeal No. 672 of 2018 (Smt. Saroj Singh Chauhan Vs. Arvind Kumar Chauhan) has been filed challenging exparte judgement dated 08.05.2008 as well as decree dated 04.09.2008 passed by Principal Judge, Family Court, Varanasi in Marriage Petition No.565 of 2007 (Arvind Kumar Chauhan Vs. Saroj Singh Chauhan) whereby Court below has allowed Marriage Petition filed by plaintiff-respondent (hereinafter referred to as 'Plaintiff') and consequently, annulled marriage of parties.

4. We have heard Mr. T. N. Tiwari, Advocate, learned counsel for Appellant. No one has appeared on behalf of respondent.

5. According to plaint allegations marriage of Appellant was solemnized with Plaintiff on 03.05.2004 in accordance with Hindu Rites and Customs. After marriage, Appellant came to her matrimonial home on 04.05.2004. After staying about three days at her marital home, Appellant went to her parental home and thereafter returned to her marital home after one month. According to Plaintiff, Appellant duly performed her spousal obligations. It is the case of Plaintiff that at the time of marriage, Appellant had just passed her intermediate examination i.e. Class 12th. However, Appellant wanted to pursue her studies further. Appreciating her desire for further studies, Plaintiff with permission of his parents got Appellant admitted in B.A. First Year Course at Kasi Vidyapith, Varanasi. Consequently, Appellant started receiving her education in the aforesaid Course by residing at her parental home as well as with her classmates. It is alleged by Plaintiff that after taking admission in B.A. First Year Course, Appellant visited her marital home only for two months but thereafter, she mostly stayed at her parental home, despite repeated requests made by Plaintiff requesting Appellant not to stay at her parental home for such long periods. Appellant on the excuse of her studies did not pay any heed to the request of Plaintiff and his parents. Appellant as such used to visit her marital home at her will. Appellant came in family way. In the last days of her family way she insisted for staying at her parental home and accordingly went to her parental home. Ultimately, she gave birth to a girl child on 29.07.2005 at her parental home. Plaintiff, his mother and other relatives allege to have gone to parental home of Appellant and contributed by every means for well being of Appellant and newly born child. According to Plaintiff, he alongwith his mother visited parental house of Appellant and brought back Appellant to her marital home on 05.11.2005. However, just after two days Appellant on the pretext of her studies forcibly went to her parental home. Appellant started residing at her parental home. On the request made by Plaintiff and his mother requesting Appellant to return to her marital home, she was not agreeable. To the contrary she used to indulge in creating a 'Facade' on the said issue. Appellant as such started residing at her parental home and used to come to her marital home only to collect money to meet her expenses. Many attempts are alleged to have been made by Plaintiff to pursue Appellant to live in her marital home but she never agreed. Ultimately, after great efforts App