JUDGMENT :

Dr. Kauser Edappagath, J.

The petitioner herein challenges Exts.P4 and P6 orders passed by the Family Court, Kozhikode (“the court below” for short) in an Original Petition filed by him for restitution of conjugal rights as O.P. No.1327/2018.

2. The petitioner is the husband of the respondent. The following three matrimonial proceedings are pending between them before the court below:

(i) O.P. No.1327/2018 filed by the petitioner for restitution of conjugal rights.

(ii) O.P. No.1166/2018 filed by the respondent for dissolution of marriage.

(iii) O.P. No.1340/2018 filed by the respondent for recovery of gold ornaments and money.

3. All the above three petitions were tried jointly. The respondent gave evidence as PW1. According to the petitioner, she deposed during evidence that the marriage was solemnized without her consent, will and wish, that she was not interested in continuing with the marital relationship and that the marriage was not consummated. Thereafter, the petitioner filed Ext.P3 application before the court below seeking permission to withdraw O.P. No. 1327/2018 and to file a fresh O.P. for nullity of marriage on the ground that the marriage was held without the c