R.FREDERICK Vs. H.MALINI

JUDGEMENT

(1.) Both these appeals arise out of the common order dated 18.04.2015 passed in O.P. No. 2385 of 2006 and O.P. No. 2809 of 2006 on the file of II Additional Judge, Family Court, Chennai. By the said order dated 18.04.2015, the Family Court dismissed OP No. 2385 of 2006 filed by the husband/appellant under Section 10 (ix) and (x) of Indian Divorce Act for dissolution of the marriage dated 14.01.1988 and consequently OP No. 2809 of 2007 filed by the wife/respondent under Section 32 of the Indian Divorce Act for restitution of conjugal rights was allowed.

(2.) As both the appeals arise out of the common order dated 18.04.2015 passed by the II Additional Judge, Family Court, Chennai and common arguments have been advanced by counsel for both sides, they are taken up for hearing together and are disposed of by this common judgment.

(3.) (i) The appellant-husband has filed OP No. 2385 of 2006 under Section 10 (ix) (x) of The Indian Divorce Act, 1869 for dissolution of the marriage solemnised between him and the respondent. According to the appellant, he married the respondent on 14.01.1988 as per Christian rites and customs and the marriage was solemnised at St. George's Cathedral, Chennai in the presence of family members, relatives and friends of both sides. At the time of marriage, the appellant was working in Bangalore and therefore, after the marriage, the appellant and the respondent started the matrimonial life at Bangalore. At the time of marriage, the respondent had just finished medicine and she had to complete her term as a house surgeon.