ANANDAKRISHNAN Vs. PUSHPALATHA

JUDGEMENT

(1.) The common judgment in C.M.A.Nos.41 and 43 of 2008 dtd. 9/10/2012 reversing the common judgment passed by the Sub-Court, Thiruvarur in H.M.O.P.Nos.44 and 97 of 2005 dtd. 14.03.2008 is under challenge in the present Civil Miscellaneous Second Appeals.

(2.) The husband is the appellant, who instituted a petition for dissolution of marriage. Simultaneously, the respondent/wife filed a petition for restitution of conjugal rights. Both petitions were tried together. The marriage between the petitioner and the respondent was solemnized on 16.06.1999 at Thiruvarur, as per the Hindu Rites and customs. A female child was born from and out of the wedlock and now aged about 20 years. The trial Court adjudicated the issues with reference to the grounds raised, more specifically, cruelty and desertion. The trial Court granted dissolution of marriage, against which, the wife filed Civil Miscellaneous Appeal and the First Appellate Court dismissed the divorce petition and allowed the petition for restitution of conjugal rights.

(3.) The substantial question of law raised in the second appeals is that whether the respondent can be allowed to enjoy the fruits of set aside order passed in C.M.A.No.43 and 41 of 2008 against H.M.O.P.No.97 of 2005 on the file of the District Court, Tiruvarur and Sub-ordinate Court, Tiruvarur; whether the respondent is got maintenance amount at a same time from HMOP proceedings and as well as in the proceedings under Criminal Procedure Code;