K CHANDRASEKAR Vs. RAMANI

JUDGEMENT

(1.) THE appellant in the above appeals is the husband of the first respondent in CMA No.1946 of 2008 and sole respondent in CMA No.1947 of 2008 / wife. For the sake of convenience, the first respondent will be referred to as wife in these appeals.

(2.) THE appellant filed FCOP No.258 of 2002 before the Family Court at Salem, seeking a decree for divorce on the ground that the first respondent has committed acts which amounted to mental cruelty and she is guilty of adultery as she has developed illicit intimacy with the second respondent. THE first respondent / wife filed FCOP No.115 of 2002 before the same Court under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights. Both the petitions were tried together and on a consideration of the evidence adduced by the parties, the Family Court dismissed the Petition for Divorce filed by the appellant / husband and allowed the Petition for Restitution of Conjugal Rights filed by the first respondent / wife. Being aggrieved by that, the appellant / husband has filed the above appeals.

(3.) THE averments and allegations made in the petition filed by the first respondent for Restitution of Conjugal Rights is the repetition of the averments in her counter statement filed in the Divorce Petition. Similarly, the averments and allegations contained in the counter statement filed in the Restitution Petition are nothing but the repetition of the averments and allegations made in the Divorce petition and therefore, the same are not being repeated again.