JUDGMENT :

S.M. Subramaniam, J.

1. The common judgment in C.M.A. Nos. 41 and 43 of 2008 dated 09.10.2012 reversing the common judgment passed by the Sub-Court, Thiruvarur in H.M.O.P. Nos. 44 & 97 of 2005 dated 14.03.2008 is under challenge in the present Civil Miscellaneous Second Appeals.

2. The husband is the appellant, who instituted a petition for dissolution of marriage. Simultaneously, the respondent/wife filed a petition for restitution of conjugal rights. Both petitions were tried together. The marriage between the petitioner and the respondent was solemnized on 16.06.1999 at Thiruvarur, as per the Hindu Rites and customs. A female child was born from and out of the wedlock and now aged about 20 years. The trial Court adjudicated the issues with reference to the grounds raised, more specifically, cruelty and desertion. The trial Court granted dissolution of marriage, against which, the wife filed Civil Miscellaneous Appeal and the First Appellate Court dismissed the divorce petition and allowed the petition for restitution of conjugal rights.

3. The substantial question of law raised in the second appeals is that whether the respondent can be allowed to enjoy the fruits of set