JUDGMENT

V. Gopala Gowda, J.

1. Leave granted.

2. This appeal is directed against the common judgment and order dated28.09.2006 passed in CMA No. 2858 of 2002 and CMA No. 2859 of 2002 of the High Court of Andhra Pradesh as it has set aside the judgment and decree of divorce granted in favour of the appellant-husband dissolving the marriage between the appellant and respondent by dismissing the Original Petition No. 203 of 2000 filed by the appellant for dissolution of their marriage under Section 13 (1)(iii) of the Hindu Marriage Act, 1955 (in short 'the Act') and allowing the Original Petition No. 1 of 1999 filed by the respondent-wife against the appellant by granting restitution of conjugal rights urging various facts and legal contentions.

3. The factual and rival legal contentions urged on behalf of the parties are adverted to in this judgment with a view to examine the tenability of the appellant's submissions. The relevant facts are stated as hereunder: The marriage between the appellant and the respondent was solemnized on 31.05.1995 at Kakinada (Andhra Pradesh) as per Hindu rites and customs and their marriage was consummated. It is the case of the appellant that at the time o