Kailash Gambhir, J.— These two appeals are filed under Section 28 of the Hindu Marriage Act, 1955. In FAO 233/2003, the appellant-husband has challenged the judgment and decree dated 5.3.2003 passed by the Court of the learned ADJ, Delhi in HMA No.453/02 whereby the petition filed by the appellant under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights was dismissed. In MAT. APP 41/2008 the challenge is to the judgment and decree dated 23.1.2008 passed by the Court of the ADJ in HMA No. 331/06 whereby the petition filed by the respondent wife under Section 13(1)(ia) of the Hindu Marriage Act was decreed in favour of the respondent wife leading to the dissolution of marriage between the parties.

2. First I propose to deal with the appeal bearing Mat. App. 41/2008 wherein the challenge has been made by the appellant to the decree of divorce passed by the learned trial court as the fate of other appeal filed by the appellant bearing FAO No. 233/2003 would depend on the outcome of the decision in Mat. App. 41/2008.

3. Brief facts of the case relevant for deciding the present appeals are that the appellant husband had invited matrimonial alliance through