A.BALAMURUGAN Vs. N.SUBASANKARESWARI

JUDGEMENT

(1.) The Civil Miscellaneous Appeals have been filed by the appellant-husband, being aggrieved by the orders dtd. 12/2/2018 passed in O.P.Nos.4290 of 2015 and 3499 of 2016 by the III Additional Family Judge, Chennai.

(2.) The appellant-husband is a Doctor and the respondent-wife is also a Doctor by profession. Marriage between them was solemnized as per Hindu rights and customs on 8/9/2014 at Pasumpon Devar Mandapam, T.Nagar, Chennai. After two weeks of the marriage, their relationship become strain for vaious reasons and they have not been able to live together. Therefore, the appellant-husband filed a petition under Sec. 13 (1) (i-a) of the Hindu Marriage Act, 1996, in O.P.No.76 of 2015 for divorce, before the Sub Court, Pattukottai, on the ground of cruelty. Thereafter, the respondent-wife filed a petition in O.P.No.4290 of 2015 for restitution of conjugal rights under the Hindu Marriage Act, 1955, before the Principal Family Court, Chennai.

(3.) While being so, the case in O.P.No.76 of 2015 was transferred to the Family Court, Chennai and re-numbered as O.P.No.3499 of 2016. The Trial Court after considering the oral and documentary evidences, while declining to grant divorce in favour of the petitioner-husband in O.P.No. 3499 of 2016, the Trial Court has granted restitution of conjugal rights in favour of the respondent-wife in O.P.No.4290 of 2015 by a common order dtd. 12/2/2018.