H SUDHA Vs. T V RAMESH

JUDGEMENT

(1.) BOTH the Civil Miscellaneous Second Appeals are filed by the petitioner/wife in H.M.C.P. Nos.47 of 2000 and 2 of 2005 before the Sub-Judge, Sankari, Salem District against the common order dated 20.9.2007 passed in C.M.A. Nos.13 of 2005 and 39 of 2006 by the I Additional District Judge, Salem reversing the judgment and decree dated 25.4.2005 passed by the Subordinate Judge, Sankari in H.M.O.P. No.47 of 2000 and H.M.O.P No.2 of 2005.

(2.) THE facts which are necessary to dispose of both the Appeals are as under:THE appellant in both the Appeals (hereinafter referred to as wife) filed H.M.O.P. No.47 of 2000 against the respondent in both the Appeals (hereinafter referred to as husband) under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955.

(3.) IN H.M.O.P. No.2 of 2005, it is stated by the husband that the wife has filed Divorce Petition at the instance of her parents and there are no merits in the Petition filed by the wife for divorce and to dismiss thee Restitution Petition filed by the husband. Aggrieved by the same, husband filed C.M.A. No.13 of 2005 and C.M.A. No.39 of 2006 against the common judgment of the Trial Court. The Lower Appellate Court on 20.9.2007 allowed both the Appeals by setting aside the orders of the Trial Court and aggrieved by the same, the wife has filed the above Appeals under Section 100 of C.P.C.