M.V. MURALIDARAN, J.

1. These two Civil Miscellaneous Appeals are filed as against the Common Order dated 30.12.2008 passed in F.C.O.P. Nos. 958 of 2003 and 2418 of 2003 by the Learned Principal Family Court Judge, at Chennai.

2. The F.C.O.P. No. 958 of 2003 is filed by the husband, who is the Appellant herein as against his wife who is the respondent herein for the Relief of dissolution of marriage under Section 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act. Further, the F.C.O.P. No. 2418 of 2003 was filed by the Respondent/wife for the restitution of her marital life and for custody of children under Sections 9 and 26 of the Hindu Marriage Act, 1955.

3. As the parties in the aforesaid two cases are one and the same, the Learned Principal Family Court, Chennai, jointly tried the matter based on the Joint memo filed by the parties concerned. Further, in the course of the joint trial, evidence was recorded in F.C.O.P. No. 958 of 2003, However, the Petitioner in F.C.O.P. No. 958 of 2003 was examined as P.W. 1 and Exs. P1 to P19 were marked. At the same time the Respondent in the F.C.O.P. No. 958 of 2003 was examined as RW-1 and through her Exs.R1 to R54 were marked.

4. Con