T.SIVAKUMAR Vs. D.NARMADHA

JUDGEMENT

(1.) The parties herein got married on June 14, 2017, according to Hindu rites and customs. Some disputes arose between the couple. Consequently, on August 18, 2020, the husband filed a petition under Sec. 13 (1) (i-a) of the 'Hindu Marriage Act, 1955' ['H.M. Act' for short] before the Principal Sub Judge, Trichy against his wife praying to dissolve the marriage between them, and on October 28, 2020, the wife filed a petition in O.P.No.2395 of 2020 under Sec. 9 of the H.M. Act before the 'I Additional Family Court, Chennai' ('the Family Court' for short) praying for restitution of conjugal rights. The petition filed by the husband was later transferred to the Family Court and renumbered as O.P.No.3713 of 2021. Joint trial was conducted. On the side of the wife, wife was examined as P.W.1 and Ex-P.1 to Ex-P.9 were marked. On the side of the husband, the husband was examined as R.W.1 and Ex-R.1 to Ex-R.4 were marked. The Family Court eventually ruled in favour of wife by way of a Common Judgment and Decree dated December 13, 2022. Challenging the same, the husband has preferred these Civil Miscellaneous Appeals.

(2.) For the sake of convenience, henceforth, the parties will be referred to as per their array before the Family Court in O.P.No.3713 of 2021 i.e., the husband will be referred to as the petitioner and the wife as the respondent.

(3.) Case of the petitioner is that the marriage between the petitioner (husband) and the respondent (wife) took place on June 14, 2017, according to Hindu rites and customs. The respondent's parents had rented a house at Nandanam even before the marriage and insisted the petitioner to begin their matrimonial life there. Accordingly, the couple moved into the rented house after marriage. Two months into the marriage, the respondent without any intimation to the petitioner, brought in her aunt and later her parents. This resulted in loss of privacy to the petitioner.