KARUPAIAH Vs. SHANTHI K.

JUDGEMENT

(1.) This appeal is filed under Sec. 19 of the Family Court's Act 1984. A petition is filed by the wife seeking restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act, 1955 which is allowed in terms of the impugned judgment and decree dtd. 16/3/2016. The husband is in appeal.

(2.) Learned counsel for the appellant in support of his contention would contend that the impugned judgment and decree passed by the Family Court are unsustainable in law and he would further submit that there is no valid ground for passing the decree for restitution of conjugal rights.

(3.) Learned counsel for the appellant would submit that the petitioner herself is staying away from the company of the respondent-husband without any reasonable cause and she was living separately from her husband for more than 20 years after marriage. Learned counsel would submit that the respondent-husband filed a petition seeking dissolution of marriage alleging cruelty and as a counter blast, the petition is filed seeking restitution of conjugal rights and the trial Court did not appreciate the material on record and has erroneously granted decree for restitution of conjugal rights.