JUDGMENT :

M.V.MURALIDARAN, J.

Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act read with Order 43 Rule 1 C.P.C., against the judgment and decree dated 09.03.2013 in F.C.O.P.Nos.3374 of 2009 and 3929 of 2011 on the file of the Principal Family Court, Madras.

1. The two Civil Miscellaneous Appeals are filed against the Common Decree and Judgment passed in F.C.O.P.Nos.3374 of 2009 and 3929 of 2011, on the file of the learned Principal Judge, Family Court at Chennai, dated 09.03.2013. As far as F.C.O.P.No.3374 of 2009 is concerned, it was filed by the Husband, who is appellant in both the Civil Miscellaneous Appeals. Further, the F.C.O.P.No.3374 of 2009 was filed under Section 13(1)(i-a) of Hindu Marriage Act, 1955 by the husband for the relief of dissolution of Marriage. F.C.O.P.No.3929 of 2011 was filed by the wife who is the respondent herein and the said petition was filed under Section 9 of the Hindu Marriage Act, 1955 seeking relief of Restitution of Conjugal Rights.

2.Originally F.C.O.P.No.3929 of 2011 was filed before the Learned Subordinate Judge, Poonamallee, and the same was numbered as H.M.O.P.No.231 of 2009, but the same was later transferred to the