Prolonged separation and unresolved marital discord can constitute grounds for divorce under Hindu law.

1. These appeals have been preferred by the appellant - wife under S.19 of the Family Court Act, 1984 for setting aside the common judgment dated 05.08.2014 passed by the Principal Judge, Family Court, Jabalpur in Civil Suit No. 150 - A / 2012 and 151 - A / 2012 whereby restitution of conjugal rights has been granted in favour of the respondent - husband and appellant's application for divorce has been refused. As both these cases arise out of a common order, therefore, we propose to deal with the matters analogously and dispose of both the appeals by this common judgment.

2. It is not disputed that the appellant is the wife of respondent and their marriage was solemnized on 20.04.2008 as per Hindu rites and customs. Brief facts of the case is that, sometime after the marriage, the respondent - husband deserted the appellant - wife. The respondent and his family members demanded Rs.3 lakhs from the appellant - wife to purchase a house. When the demand was not fulfilled, they harassed her. The respondent did not support the appellant and was not interested to take her to Delhi, where the respondent was working. The family members of the respondent compelled her to give away her salary to them and when the appellant refused to do so, she was thrown out of the house. Hence, the appellant filed a complaint under S.498 - A of the Indian Penal Code against the respondent and his family members. The appellant - wife was not interested to reside with the respondent. A petition under S.9 of the Hindu Marriage Act, 1955 was filed by her husband which deserves to be dismissed. On the above grounds the appellant - wife prayed for a decree of divorce in her favour under S.13(1) of the Hindu Marriage Act.

3. In his reply, the respondent - husband denied the allegations and submitted that the appellant was working as a Jr. Engineer in Railways at Jabalpur. Before their marriage, they had met each other. After their marriage, the appellant wife resided with the respondent only for few days. Thereafter, she was not inclined to reside with the respondent. Appellant - wife blamed the respondent that he had illicit relationship with another lady named Mrs. Sonal Satpati which created dispute between them. On 10.02.2009, she left her matrimonial house and went to reside with her parents. She also took her ornaments, clothes and scooty. Her parents were dependent on the income of the appellant. Therefore, the respondent claimed that he is entitled to restitution of conjugal rights against the appellant. The petition under S.13 of the Hindu Marriage Act deserves to be dismissed.

4. After considering, the entire record and evidence, the learned trial Court found that, as the appellant is working as Jr. Engineer in Railway Department, due to her ego, she did not perform her matrimonial duties and obligation towards the respondent. Parents of the appellant also supported her. The learned Trial Court did not find that the respondent caused any mental or physical cruelty on the appellant - wife.

5. Learned Trial Court found that the appellant - wife failed to prove, the charges leveled against the respondent with regard to physical and mental cruelty. The learned Trial Court also found the appellant - wife is liable to continue her marital relationship and perform her conjugal duties, towards the respondent. Therefore, the learned Trial Court dismissed the petition under S.13 of the Hindu Marriage Act and allowed the petition under S.9 of the Hindu Marriage Act for restitution of conjugal rights within one month from the impugned order.

6. Both these appeals have been f