1. The present appeals are against judgment and decree dated 24-06-2014 passed by Additional Principal Judge, Family Court, Gwalior in Case No.51 - A of 2013 (HMA) and Case No.50 - A of 2013. First Appeal No.153 of 2014 filed by husband is against dismissal of his application u/S. 13 of Hindu Marriage Act [in short "HM Act"] for grant of divorce on the ground of cruelty and desertion and First Appeal No.178 of 2014 filed by wife is against dismissal of her application under S.9 of HM Act for restitution of conjugal rights. Since both applications stood dismissed by Family Court by common judgment and decree dated 24-06-2014 granting a decree of judicial separation under S.10 of the HM Act, the instant two appeals are being heard analogously as the germane of issue is one and the same.

2. Necessary facts for disposal of both appeals, in short, are that marriage of both parties was solemnized on 11-02-2008. A female child, namely, Ku. Aishwarya was born on 20-03-2009 from their wedlock. As per averments of husband, after marriage only after staying for five days, they went to Shimla where they stayed for three months because of his posting at Shimla. Thereafter, on 16-06-2008 his wi