A.K. ABINESH Vs. M. DEEPA

JUDGEMENT

(1.) Since the issues involved in both the petitions are one and the same, they are taken up together and a common order is passed.

(2.) The present Civil Revision Petitions have been filed under Section 115 of Civil Procedure Code to set aside the fair and decreetal order dated 17.12.2020 passed by the learned Principal District Judge, Salem in I.A. Nos. 2 and 3 of 2020 in C.M.A. Nos. 18 and 19 of 2020 respectively.

(3.) The petitioner and the respondent are husband and wife. Initially, H.M.O.P. No. 24 of 2018 was filed by the petitioner/husband on 19.07.2016 under Section 13(1)(ia) of Hindu Marriage Act praying to dissolve the marriage that held on 20.05.2015 and to grant divorce. In consequence, H.M.O.P. No. 96 of 2016 was filed by the respondent/wife on 07.09.2016 under Section 151 Civil Procedure Code seeking to pass a decree of restitution of conjugal rights on the strength of the marriage held between the petitioner and the respondent on 20.05.2015. Both the parties filed their respective counter to the petitions. Upon hearing the submissions and taking note of the averments on either side, the trial court had set aside the petition filed by the petitioner and allowed the petition filed by the respondent.