P.JOTHIMANI Vs. M.PUGHAZHENTHI

JUDGEMENT

(1.) Since the issues involved in these appeals are interlinked, they are taken up together and a common Judgment is being passed.

(2.) Initially, the respondent/husband has filed H.M.O.P.No.1204 of 2011 under Section 13(1)(i-a)(i-b) of Hindu Marriage Act before the Family Court, Coimbatore for divorce on the ground of cruelty and desertion. Thereafter, as per the orders of this Court in Tr.C.M.P. No.47 of 2012 on 15.03.2012, it was transferred to the Sub Court, Rasipuram and renumbered as H.M.O.P.No.14 of 2013. The appellant / wife has filed H.M.O.P.No.1 of 2012 under Section 9 of Hindu Marriage Act before the Sub Court, Rasipuram for Restitution of Conjugal Rights.

(3.) On 20.04.2015, the trial court has passed common order in both the petitions, viz., in H.M.O.P.No.1 of 2012, the prayer of the respondent/wife, for restitution of conjugal rights was allowed by directing the appellant / wife and the respondent / husband to live together as husband and wife. The H.M.O.P.No.14 of 2013 filed by the husband for grant of divorce was dismissed. As against the said order, the appellant / husband has filed C.M.A.No.5 of 2015 against O.P.No.1 of 2012, wherein restitution of conjugal rights was negatived and C.M.A.No.6 of 2015 was filed against H.M.O.P.No.14 of 2013, wherein the grant of divorce was ordered, thereby the marriage held on 22.10.2007 was dissolved. Aggrieved against the said common order, the appellant/wife has preferred these appeals.