Saxena, J. -- 1. Since the judgment challenged in these two appeals is one and the same, both the appeals are taken up together for final disposal by this common and one judgment.

2. Both the appeals are filed against vise versa by the parties, having been aggrieved by a judgment and decree dated 29th September, 2009 given in Case No.11-A/07 (HMA), by the Principal Judge of the Family Court, Gwalior, dismissing claimof the wife preferred under section 9 of the Act for restitution of her conjugal rights vis-a-vis counter claim preferred by the husband on other side for dissolution of marriage under section 13 of the Act.

3. The facts leading to the present case may be summarised as under :

The marriage between the appellant Smt. Bharti and respondent-Sudhir was solemnized on 5th May 1992 as per Hindu rites and customs. It is alleged that the respondent-husband Sudhir expelled his wife Smt. Bharti from his house on the part of her failure to bring dowry. Despite repeated efforts from her side, respondent-husband did not permit her to live with him. On the contrary, he decided to file a petition under section 13 of the Act for taking divorce, which was dismissed by the trial Cour