VIJAYABASKAR Vs. KALYANASUNDARI

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have filed under Section 19 of the Family Court Act, to set aside the common order and decretal orders dated 22.02.2011 passed by the Additional District Judge, (Fast Track No. III), Tiruvallur in H.M.O. Nos. 76 of 2003 and 25 of 2005 respectively. The Appellant/husband has filed H.M.O.P. No. 76 of 2003 under Section 12(1)(a) of Act 25 of the Hindu Marriage Act, 1955 praying for annulling of marriage by declaring that marriage between the Appellant/husband and the Respondent/wife solemnized on 12.9.2003 is a nullity.

(2.) Pending the petition for annulling the marriage by the Appellant/husband H.M.O.P. No. 76 of 2003 the Respondent/wife has filed petition under Section 9 of the Hindu Marriage Act, 1955 H.M.O.P. No. 25 of 2005 praying for restitution of conjugal rights.

(3.) The case of Appellant/Husband is that the marriage was solemnized as per the Hindu rites and customs on 12.9.2003 with the respondent/wife. The marriage was arranged one fixed by the elders. The allegation of the husband is that his wife refused to consummate the marriage even from the day of nuptials she was refusing to co- habitat with him and she ran out of the room and went to her parents house which is located directly opposite to his house, Despite the interference of the elders, she refused to return to the matrimonial home and that the elders, and relatives of the village, made all efforts to bring the Respondent/Wife to the matrimonial home and advised her to submit herself to the nuptials. However, on 3.11.2013 when she came back to the matrimonial home, she was maintaining the same attitude and expressed adamancy and did not allow the Appellant/Husband to touch her or submit herself. It was further alleged that the Respondent/Wife threatened to commit suicide if she was compelled by the Appellant for co-habitation. It is the case of the husband that the act of the respondent in refusing to consummate the marriage had resulted in both mental and physical cruelty. He had alleged that the Respondent is important and she refused to discharge the matrimonial duties. Therefore, the Appellant/Husband had filed the petition under Section 12(1)(a) of the Hindu Marriage Act for annulling the marriage solemnized between the Appellant and the respondent.