T KULLAYAPPA Vs. T LAKSHMI DEVI

JUDGEMENT

(1.) The above two Civil Miscellaneous Appeals filed under Sec. 19 of Family Court's Act are arising out of a common judgment and decree dated 09.02.2018 made in O.P.Ns.3061 of 2012 and O.P.No. 5 of 2014 respectively.

(2.) The brief facts leading to the present appeals are that the respondent herein, who is none other than the wife of the appellant herein, after 43 years of marital life with the appellant herein, had filed O.P.No.3061 of 2012 before the Principal Family Court at Chennai for a decree of divorce on the ground of cruelty under Sec. 13(1) of Hindu Marriage Act and blames that they got married on 05.06.1969 and due to their wedlock, a female child named Hemalatha was born on 31.10.1970 and the said daughter Hemalatha was married to one L.Ramalingam, who had jointly purchased a property, where the appellant and the respondent are residing and constructed a residential building having ground and first floor, in which the appellant/husband and the respondent/wife are residing in the first floor rear portion and the daughter and son-in'law along with their 17 years old grand-daughter are residing in the front portion of the building.

(3.) Whileso, when O.P.No.3061 of 2012 filed by the respondent/wife was pending, the appellant/husband had filed O.P.No.5 of 2014, before the Family Court, under Sec. 9 of Hindu Marriage Act seeking restitution of conjugal rights on the ground that the respondent herein and his daughter have completely deserted the appellant and the appellant is not in good health and he was almost 71 years old when he filed restitution of conjugal rights petition.