The main legal point established in the judgment is that the marriage had irretrievably broken down due to oppressive mental cruelty, entitling the Appellant/Husband to divorce under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955.

M. Venugopal, J.

1. The Appellant/Respondent (Husband) has preferred these instant two Civil Miscellaneous Appeals as against the Common Order dated 07.07.2009 in O.P.No.519 of 2008 and O.P.No.993 of 2007 on the file of the II Additional Family Court, Chennai.

2. The trial Court, on appreciation of the oral and documentary evidence available on record, while passing the Common Order in O.P.Nos.993/2007 and 519/2008 on 07.07.2009, has, among other things, observed that '... In this case on hand, both the parties are throwing the allegations against each other and both of them did not adduce any documentary evidence to prove their allegations. Further in this case, the allegations made by the Petitioner would be in the nature of normal wear and tear between the parties, that will not amount to cruelty. Hence, considering the age of the parties and the future welfare of the child, since the respondent/wife is willing to live with the petitioner/husband and filed the Restitution of Conjugal Rights Petition before this Court, this Court finds that the petitioner is not entitled for divorce on the ground of cruelty etc.' and resultantly, dismissed the O.P.No.993 of 2007 filed by the Appellant/Husband and allowed the O.P.No.519 of 2008 filed by the Respondent/Wife by ordering the restitution of conjugal rights.

3. Being dissatisfied with the Common Order passed by the II Additional Family Court, Chennai dated 07.07.2009 in O.P.Nos.993 of 2007 and 519 of 2008, the Appellant/Husband preferred these Civil Miscellaneous Appeals.

4. The Point that arises for consideration in C.M.A.No.3769 of 2010 is:

Whether the Respondent/Wife is entitled to seek the relief of Restitution of Conjugal Rights as per Section 9 of the Hindu Marriage Act, 1955?

The Point that arises for consideration in C.M.A.No.1775 of 2010 is:

Whether the Appellant/Husband is entitled to claim the relief of Divorce against the Respondent/Wife?

The Contentions, Discussions and Findings on Points in both CMAs:

5. The Learned Counsel for the Appellant/Husband contends that the Common Order of the trial Court passed in O.P.Nos.993 of 2007 and 519 of 2008 are contrary to law, weight of evidence and probabilities of the case.

6. It is the contention of the Learned Counsel for the Appellant/ Husband that both the parties never had any understanding right from the first day of the marriage, which was not taken into account by the trial Court.

7. According to the Learned Counsel for the Appellant/Husband, the trial Court should have considered that the Respondent/Wife made frequent calls to the Police Department, when they resided together in United States of America and further, she had not discharged her duties as a daughter-in-law.

8. Lastly, it is the submission of the Learned Counsel for the Appellant/Husband that the trial Court ought to have considered the evidence of R.W.1 (Wife) that she had not lived with the Appellant/ Husband under the same roof continuously for more than a month.

9. Per contra, it is the contention of the Learned Counsel for the Respondent/Wife that the trial Court had taken note of the material facts and circumstances of the case and after appreciating the oral and documentary evidence on record, had come to a clear conclusion that the Appellant/Husband was not entitled to claim the relief of dissolution of marriage in O.P.No.993 of 2007 and also that quite rightly the trial Court granted the relief of restitution of conjugal rights to the Respondent/Wife in O.P.No.519 of 2008, which need not be interfered with by this Court.

10. At this stage, it is not out of place for this Court to refer to the averments made by the Appellant/Husband in O.P.No.993 of 2007 on the file of the II Additional Family Court, Chennai.

11. The Appellant/Husband, in O.P.No.993 of 2007 filed under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955, had averred that the marriage between him and the Respondent/Wife took place on 25.02.2002 at Chennai according to Hin