Common Judgment:

K. Mohan Ram, J.

1. The appellant in the above Civil Miscellaneous Appeal No.3507 of 2009 is the husband of the respondent.

2. The appellant initially filed IDOP No.140 of 2006 before the District Court, Cuddalore, against the respondent herein under Section 10 (1) (vii) and (x) and Section 19 of the Indian Divorce Act, 1869 seeking a decree of nullity of marriage between the parties, dated 22.08.2003, on the ground of impotency of the respondent at the time of marriage and at the time of institution of the said petition and alternatively sought for a decree dissolving the marriage between the appellant and the respondent on the ground of cruelty and on account of non-consummation of marriage due to wilful act of the respondent. The said petition was later transferred to the file of the Family Court at Puducherry and re-numbered as MOP No.30 of 2008.

3. The respondent / wife filed M.C.No.38 of 2007 before the Family Court, Puducherry, under Section 125 (a) of the Criminal Procedure Code seeking a monthly maintenance of Rs.50,000/- from the appellant.

4. After trial, the Family Court, Puducherry, by its common judgment and decree, dated 03.08.2009, dism