J.HARIKRISHNAN Vs. K.KAVIPRIYA

JUDGEMENT

(1.) The appellant/husband, J.Harikrishnan @ Kumar has filed these two appeals. CMA.No.903 of 2017, is filed as against the Judgment and Decree made in H.M.O.P.No.147 of 2010 whereby the petition filed by him, for divorce under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955, on the ground of cruelty was dismissed and CMA.No.904 of 2017 is filed as against the Judgment and Decree made in H.M.O.P.No.1059 of 2010, whereby the petition filed by his wife, K.Kavipriya, for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act, 1955 was allowed. Both the cases were decided by the Learned Principal Judge, Family Court at Chennai.

(2.) The fact that the appellant and the respondent got married on 22/2/2007 at Chennai in accordance with the Hindu rites and customs and during the month of December 2007, a male child was born and that there is a marital discord during the year 2009, leading to the husband and wife living separately, are all admitted.

(3.) The case of the appellant / husband is that the marriage did not work and marital discord has arisen, on account of the cruel acts of the respondent / wife. According to him, the appellant is working in a Bank, while the respondent is working as a Police Constable in the Police Department, Government of Tamil Nadu. According to the appellant the acts of cruelty are as follows: