VANATHI Vs. A.ANANDAKUMAR

JUDGEMENT

(1.) These two appeals have been preferred by the appellant/wife, aggrieved by the judgment and decree granted in favour of the respondent/husband in H.M.O.P.No.23 of 2015 dissolving the marriage between the appellant and the respondent and the judgment and decree in H.M.O.P.No.24 of 2015 dismissing the petition filed by the appellant under Sec. 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights.

(2.) The appellant and the respondent are husband and wife and their marriage was solemnized on 20/1/2002. It is admitted that the appellant gave birth to a male child on 7/5/2003 out of the wedlock. It is admitted that earlier, the respondent filed H.M.O.P.No.41 of 2005 for divorce before the Subordinate Court, Periakulam and later, it was transferred to Subordinate Court, Theni and numbered as H.M.O.P.No.16 of 2008. Similarly, the appellant also filed H.M.O.P.No.51 of 2008 before the Subordinate Court, Pudukottai, for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act, 1955. It is also admitted that H.M.O.P.No.16 of 2008 filed by the husband earlier was dismissed as not pressed. Similarly, H.M.O.P.No.51 of 2008 was not prosecuted. However, subsequently, the respondent / husband filed H.M.O.P.No.150 of 2012 before the Subordinate Court, Theni for granting a decree for divorce on the ground of cruelty. The said petition was transferred to Family Court, Dindigul and numbered as H.M.O.P.No.23 of 2015. The appellant also filed H.M.O.P.No. 118 of 2014 before the Subordinate Court, Pudukottai for granting a decree for restitution of conjugal rights. It appears that the appellant filed a petition for transfer and ultimately, H.M.O.P.No.118 of 2014 on the file of the Subordinate Court, Pudukottai, was transferred to Family Court, Dindigul and numbered as H.M.O.P.No.24 of 2015.

(3.) The Family Court, Dindigul, took up both the matters together and after joint trial, disposed of both the proceedings in H.M.O.P.Nos.23 and 24 of 2015 by common order. The Family Court, Dindigul, granted a decree in favour of the respondent / husband dissolving the marriage between the appellant and the respondent, dtd. 20/1/2002. The Family Court, Dindigul dismissed H.M.O.P.No.24 of 2015 filed by the appellant for restitution of conjugal rights. Aggrieved by the judgment and decree in H.M.O.P.No.23 of 2015 granting divorce, the appellant has preferred an appeal in C.M.A. (MD)No.1196 of 2016 and aggrieved by the judgment and decree in H.M.O.P.No.24 of 2015 dismissing the petition filed by the appellant for restitution of conjugal rights, the appellant has preferred an appeal in C.M.A.(MD)No.1197 of 2016.