LATHA MAHESWARI Vs. PALANISWAMY

JUDGEMENT

(1.) C. M. S. A. Nos. 60 and 61 of 1983 arise out of the order passed in C. M. A. Nos. 241 and 242 of 1982 respectively, which in turn arose out of the order passed in O. P. Nos. 119 of 1978 and 56 of 1981 respectively. The brief facts which are necessary for the disposal of these appeals can be stated as follows:

(2.) THE appellant herein is the wife, while the respondent is her husband. THE husband filed O. P. No. 119 of 1978 for divorce on the ground of mental cruelty and desertion. THE appellant- wife filed O. P. No. 56 of 1981 for restitution of conjugal rights. According to the respondent he married the appellant on 22. 8. 1976 and the said marriage took place without the consent of the appellant herein and only after the marriage the respondent came to know that the appellant did not like the marriage with the respondent, but she had love with one Balan. THE appellant has not allowed the respondent to consummate the marriage. THE respondent informed about this to the parents of the appellant. THEy pacified him and asked him to wait for some time. Subsequently when the respondent informed the parents of the appellant that the appellant was not permitting him to consummate the marriage, the appellant and her parents insulted the respondent and scolded him that he was impotent. THE appellant removed the Tali and threw it away and the parents of the appellant beat the respondent by hands and chap-pel and drove him out of the house. THE respondent is not willing to be the husband of the appellant as the appellant is not permitting him to consummate the marriage. THE respondent issued a notice to the appellant. In the reply to the said notice, the appellant has stated that the respondent is impotent and she may not have any objection for divorce. Hence, the respondent filed a petition for divorce.