and

decree

dated

1.7.2011

passed

in

M.C.No.63/2009 on the file of Principal Senior Civil Judge and

JMFC, K.G.F., allowing the petition filed u/s 9 of Hindu

Marriage Act for restitution of conjugal rights.

Miscellaneous First Appeal No.111/2017 is filed under

Section 19(1) of the Family Courts Act, against the judgment

and decree dated 26.09.2016 passed in M.C.No.66/2011 on

the file of the Senior Civil Judge and Principal JMFC, K.G.F.,

dismissing the petition filed u/s 13(1) (ia) (ib) of Hindu

Marriage Act.

These appeals coming on for final hearing, this day,

VISHWAJITH SHETTY J., delivered the following:

JUDGMENT

1.

These two appeals are filed by the wife challenging the

judgment and decree passed by the Court of Senior Civil

3

Judge & JMFC, K.G.F., in M.C.No.63/2009 dated 01.07.2011

and M.C.No.66/2011 dated 26.09.2016.

2.

Since the parties to the appeals are common and the

dispute between the parties being interlinked, both the

appeals are clubbed together, heard and disposed of by this

common judgment.

3.

Brief facts of the case that would be relevant for the

purpose of disposal of these two appeals are that the

marriage of the appellant-wife was solemnized with the

respondent-h