JUDGMENT

Per Justice Hirdesh:-

First Appeal No.169 of 2016 is filed by wife (Smt. Kavita Jain) under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 13-05-2016 passed by Principal Judge, Family Court, Shivpuri in HMA Case No. 213-A of 2015, whereby the application filed by husband (Manoj Kumar Jain) under Section 9 of Hindu Marriage Act [in short '' HM Act''] seeking restitution of conjugal rights has been allowed. Similarly, First Appeal No.47 of 2017 is also filed by appellant-wife under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 03-01-2017 passed by Principal Judge, Family Court, Shivpuri in HMA No.79-A of 2016, whereby the application filed by wife under Section 13(1)(i-a) (i-b) of HM Act seeking decree of divorce on the ground of ''cruelty and desertion'' has been dismissed.

(2) Since the factual matrix of both appeals is same, therefore, they are heard analogously and disposed of by this common judgment.

(3) It is an admitted fact that the marriage of both the parties were solemnized on 22-06-2003 as per Hindu rites and customs and out of their wedlock, a son, namely, Shreyans Jain was born on 05-06-2004 and a d