SIVASANKARAN Vs. SANTHIMEENAL

JUDGEMENT

(1.) These Civil Miscellaneous Second Appeals have been filed by the appellant under Section 28 of the Hindu Marriage Act, 1955 read with Section 100 of Code of Civil Procedure, 1908 against the common judgment dated 18.4.2013 in C.M.A.Nos.5 and 7 of 2011 on the file of the Additional District Judge, Pudukottai, reversing the common order dated 17.3.2008 passed in H.M.O.P.Nos.10 of 2005 and 33 of 2002 on the file of the Sub-Judge, Pudukottai.

(2.) The appellant herein is the husband and he had filed H.M.O.P.No.10 of 2005 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for divorce. The respondent herein is the wife and she had filed H.M.O.P.No.33 of 2002 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Sub-Court, Pudukottai.

(3.) It is an admitted fact that the marriage between the appellant and the respondent was solemnized on 17.2.2002 in V.V.Kalyana Mahal at Chinnalapatti as per Hindu rites and customs. They do not have any issue from the wedlock.