Judgment :-

Dipak Misra, J.

Leave granted.

2. The appellant-wife instituted F.C.O.P. No. 568 of 1997 under Section 9 of the Hindu Marriage Act, 1955 (for brevity ‘the Act’) in the Principal Family Court, Chennai for restitution of conjugal rights. The respondent-husband filed F.C.O.P. No. 805 of 1998 under Sections 13(1)(i-a), 26 and 27 of the Act read with Section 7 of the Family Courts Act, 1984 praying for dissolution of marriage, custody of the child and return of jewellery and other items. The learned Family Judge jointly tried both the cases and, on the basis of the evidence brought on record, dismissed the application for restitution of conjugal rights preferred by the wife and allowed the petition of the husband for dissolution of marriage and held that the child would remain in the custody of the mother on the principle that welfare of the child is paramount, and further the husband was not entitled to return of jewels or any other item from the wife in the absence of any cogent evidence in that regard. The learned Family Judge, while passing the decree for dissolution of marriage, directed to pay permanent alimony of Rs. 5 lacs each to the wife and her minor son within a mon