Both cases field by wife and husband to be tried separately.

In both these appeals, wife is the appellant.

2. O.P. No.254 of 1991 was filed by the wife on the file of the Subordinate Judge, Thanjavur, for restitution of conjugal rights. That was filed on 8. 1991. Counter was filed by the husband on 2. 1992. Im- mediately thereafter, husband filed H.M.O.P. No. 19 of 1992, on the file of the Subordinate Judge’s Court, Kumbakonam on 33. 1992. The wife seems to have filed an application for transfer in view of the pendency of O.P. No.254 of 1991 before the Subordinate Judge’s Court, Thanjavur as Tr.O.P. No.61 of 1992. The District Court, allowed the petition and H.M.O.P. No.19 of 1992 was transferred to the Subordinate Judge’s Court, Thanjavur, where it was re-numbered as

O.P. No.59 of 1992. It was thereafter the wife filed a counter in O.P. No.59 of 1992 on 111. 1992.

3. I have stated the dates of filing of petitions and counter-affidavits since they have some relevancy when I deal with the matter regarding the merits of the case.

4. In the petition filed by the wife for restitution of conjugal rights, it is averred that the marriage took place on 9. 1986 at Swamimalai. At that time, the respondent (husband) was employed at Tirunelveli and the petitioner (wife) was employed in Canara Bank, Trichy Junction Branch. It is stated that they lived as husband and wife at 21, Keelakosa Street, Beema Nagar, Trichy from 1986 onwards. The respondent was transferred to Thanjavur in October, 1987 after which they got settled down at Thanjavur. The petitioner was transferred to Thanjavur in January, 1989 and till then she was attending to her duty at Trichy by going from Thanjavur. During 1989-90, both of them lived at No.2, Anna Nagar, Easwari Nagar, Thanjavur Town. It is said that right from the beginning, except at the initial stage, the husband had started to cast a doubtful eye upon the petitioner (wife), and also treated her with utmost cruelty and beat her black and blue. The wife says that she was patiently waiting, that one day or other the husband would change his attitude and lead a normal life with her. But it was of no use. Under some pretext or other or on some flimsy grounds, the husband had started beating the wife without any justification at all. It is stated by the wife that he even avoided having any sexual relationship with her and was always insulting her using undesirable and unpalatable words. It is stated that the respondent deserted the petitioner on 6. 1990 taking away with him all the articles offered at the time of marriage. The wife was left alone in the house. She made several bona fide and earnest attempts to effect a mediation, but due to the stubborn attitude of the husband, nothing could be done. As a result of this, she had no other alternative except to live with her parents at Kumbakonam from August, 1990. Even thereafter several mediations were attempted. But the attitude of the respondent (husband) was not encouraging. It is said that after marriage, she alone was maintaining the family spending more than Rs.5,000. According to the wife, right from September, 1986 till May, 1990 she has handed over her entire salary, bonus and arrears, totalling about Rs.80,000 to the respondent (husband). All these amounts were given with the fond hope that both of them would settle down peacefully. But, in spite of the same, the conduct of the respondent was cruel. It is said that in view of the conduct of the respondent, she has undergone untold mental and physical torture. A demand was made to the respondent to cohabit with her and lead a happy marital life. A reply was sent by the husband in which false allegations have been made. The statement made therein that the wife left the matrimonial home is incorrect. The statements made in the reply notice are false to the knowledge of the respondent. In the reply, the husband wanted the petitioner-wife’s consent for her divorce, for which she is not willing. She is still hopeful of leading a normal life. Since the respon