MANGAYAKARASI Vs. M. YUVARAJ

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is before this Court assailing the judgment dated 20.07.2018 passed by the High Court of Judicature at Madras in CMSA Nos.23 & 24 of 2016. The appellant is the wife of the respondent. Since the rank of parties was different in the various proceedings as both the parties had initiated proceedings against each other, for the sake of convenience and clarity the appellant herein would be referred to as 'wife' and the respondent herein would be referred to as 'husband' wherever the

(3.) The husband initiated the petition under Section 13 of the Hindu Marriage Act seeking dissolution of the marriage. The wife on the other hand initiated the petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. The respective petitions registered as H.M.O.P No.13/2010 (old No.532/2007) and H.M.O.P No.27/2008 were clubbed and the learned Subordinate Judge, Pollachi by the judgment dated 26.11.2010 dismissed the petition filed by the husband and allowed the petition filed by the wife. The husband claiming to be aggrieved by the said judgment preferred the appeals in CMA No.90/2011 and 71/2011 before the Additional District and Sessions Judge, Coimbatore, namely, the First Appellate Court. The First Appellate Court having considered the matter, dismissed the appeals filed by the husband. The husband, therefore, filed the Second Appeal under Section 100 of the Code of Civil Procedure before the High Court of Judicature at Madras in CMSA Nos.23 & 24 of 2016. The High Court has through the impugned judgment dated 20.07.2018 allowed the appeals, set aside the order for restitution of conjugal rights and dissolved the marriage between the parties herein. It is in that light the appellantwife is before this Court in these appeals.