- (1.) Both these appeals arise out of common judgment and decree dated 17.07.2017, hence they were heard and are being decided by this common judgment.
(2.) Appellant-Wife in Appeal No.4765 challenged the judgment dated 17.07.2017 of the Family Court, Alwar, whereby the petition filed by her under Sections 13 and 27 of the Hindu Marriage Act, 1955, has been dismissed. In appeal No.4809/2017, she challenged the judgment dated 17.07.2017 whereby the petition under Section 9 of the Hindu Marriage Act filed by respondent-husband for restitution of conjugal rights has been allowed.
(3.) These have appeals remained pending before this Court for last more than two years. Both the parties jointly filed an application with the prayer that the proceedings in the present cases may be converted into one under Section 13-B of the Hindu Marriage Act, 1955. Since they have been living separately for last seven years, the waiting period of one year of the first motion referable to Section 13B(1) of the Hindu Marriage Act, 1955 stands completed and prayer is made that the second motion of six months under Section 13B(2) may be waived in the facts of the present case. The contents of the joint application are as follows:- "The Humble appellant and respondent most respectfully beg to submit jointly as under:- 1. The present misc. Appeal u/s 19 of the Hindu Marriage Act, 1955, has been filed by appellant wife against the judgment dated 17-07-2017 passed by The Family Court, Alwar in divorce petition no.818/2013, whereby the court below has dismissed the petition for divorce u/s 13 filed by appellant. 2. The marriage between appellant wife and respondent husband was solemnized on 13.02.2011 as per Hindu rituals and customs at Alwar. But after some time of marriage the appellant and respondent are having difference between them. 3. That due to differences and disputes between appellant wife and respondent husband various FIRs and cases were filed by both the parties and their family members against each other. ;