(1.) This order shall dispose of two appeals filed under Section 19(1) of Family Courts Act, 1984 by appellant- Smt. Ruchi which have been preferred respectively against judgment and decree pronounced on 20.08.2019 in Civil Suit No.66-A/2017 allowing the suit for divorce filed by the respondent-Ankar Sirotiya against her as also in Civil Suit No.67-A/2017 rejecting the civil suit filed by appellant seeking restitution of conjugal rights under Section 9 of Hindu Marriage Act, 1955.
(2.) The admitted facts are that rival parties had got married on 06.05.2013 as per Hindu rites and customs at Ujjain.
(3.) The case of the respondent-Shri Ankur Sirotiya in divorce suit was that his marriage with appellant-Smt. Ruchi was performed without disclosing the fact that she was an illegitimate child of her father born out of second wife even though the first wife was alive and there was no divorce between the two. Had this fact been disclosed, respondent would not have married to appellant and the aforesaid fact first came to light on 12.05.2016. It was further stated that behaviour of Ruchi towards Ankur was extremely rude, that she is a independent minded woman and would always go to her parental house on the pretext of going to her place of work, that she did not contribute towards household chores, that she was disrespectful towards his ailing parents and would treat the guests with no respect, that she had deserted her matrimonial home four times during February to March 2014 and she was brought back on each occasion by respondent-Ankur and she finally left the house on 06.04.2014 and took all the documents of Ankur while leaving the home. It has been further stated that appellant has deprived the respondent from matrimonial pleasures and that there is a fear of life of Ankur if Ruchi were to stay with Ankur anymore.