B AYSHWARIA Vs. T SIVA PRASANNA

JUDGEMENT

(1.) The revision petitioner herein is the wife, the respondent in HMOP.No.4302 of 2015 and petitioner in OP.No.2621 of 2016. The respondent herein is the husband, the petitioner in HMOP.No.4302 of 2015 and the respondent in OP.No.2621 of 2016.

(2.) The revision petitioner/wife filed OP.No.2621 of 2016 on the file of the Family Court Chennai under Section 9 of the Hindu Marriage Act for restitution of conjugal right. The respondent/husband filed HMOP.No.4302 of 2015 on the file of the Family Court, Chennai under Section 13(1)(i-a) & 13(1)(ii) of the Hindu Marriage Act, 1955 for divorce on the ground of cruelty.

(3.) The respondent/husband filed divorce petition in HMOP.No.4302 of 2015 on the ground of cruelty, non consummation of marriage from the day of marriage and he specifically made allegations that during first week of November 2014 he informed the revision petitioner's mother who is a Gynecologist about the behaviour of the petitioner being in the house and not evincing to have sexual intercourse with him in spite of giving all counseling and advice. Further, on advice of the petitioner mother, the respondent came to Chennai along with the petitioner on 08.08.2015 and went to the petitioner's house. The petitioner mother called Dr.Kuppulakshmi, Gynecologist who is a friend of her to their house itself to do examination of the petitioner. The petitioner after struggling 30-40minutes with the Gynecologist had allowed partially to do vaginal examination and other medical examination. Dr.Kuppulakshmi advised the respondent to do vaginal examination regularly and also to meet a Psychiatrist and to have a consultation. The petitioner is not willing to live with the respondent and to lead the matrimonial life. The respondent further states that the petitioner is not profess Hindu religion and she is very much interested to cease to be a Hindu by conversion into Christianity.