JUDGMENT :

T.Raja, J.

Ms.Jegadeeswari, D/o Thulasingam has filed these two civil miscellaneous appeals, one appeal against the order passed in O.P.No.3502 of 2014 granting restitution of conjugal rights in favour of Mr.D.Iyyappan, the respondent herein and another appeal against the order passed in O.P.No.4529 of 2013 refusing the prayer of the appellant to dissolve the marriage solemnized between the appellant and the respondent on 27.7.2011 at Vaitheeswaran temple which was registered on 1.8.2011 at the Registrar Office, Royapuram, Chennai on the ground of both mental and physical cruelty by the respondent against the appellant. Therefore, both the appeals are taken up together and disposed of by this common judgment.

2. Mr.D.Rajagopal, learned counsel appearing for the appellant argued that when the appellant was pursuing her final year B.C.A., course in the Prof.Dhanapalan College, she used to board the college bus near Sadasivam Nagar bus stand at Madipakkam and invariably the respondent was accosting her way to the said college bus stop and while she used to return back from the college also, the respondent was making all sorts of attempts to woo and solicit her. But the appellant was avoiding all the attempts of the respondent and also warned him on several occasions to keep away from her. While so, on 21.7.2011, when the respondent tried to accost the appellant at the above said bus stand, fortunately the relatives of the appellant caught hold of the respondent and warned him with a specific request not to chase her any more. In spite of the said warning, the respondent was mindless to the consequences that their lives would be put to risk and danger. At about 7.15 AM on 25.7.2011, when the appellant was waiting for her college bus in the bus stand, the respondent, criminally intimidating the appellant that she would be done away with if she fails to cooperate with him, forced her to accompany him to Sirkazhi near Mayavaram. It was further alleged that on 27.7.2011, the respondent also, taking a blade, attempted to cut his right arm stating that he would commit suicide unless the appellant accompanied him to Sirkazhi. When the appellant succumbed to the pressure on the fear that the respondent would be spoiling the goodwill and reputation of her family and also putting her parents at the risk of life threat, accompanied him. Taking advantage of the same, the respondent has created a false marriage being conducted at Vaitheeswaran temple. However, with great difficulty, the appellant escaped from the clutches of the respondent. In the meanwhile, the appellant's father lodged a complaint before the S-7, Madipakkam Police Station and the case was also taken as 'girl missing' in Crime No.1090 of 2011. Subsequently, on the appearance of the appellant before the said police station, the case was altered into one under Section 366 IPC. After recording her statement, she was produced before the learned Judicial Magistrate at Alandur and thereafter, recording her statement under Section 164 Cr.P.C., the respondent was arrested on 2.8.2011 and remanded to judicial custody. Subsequently, he was also released on bail. Although the respondent was chargesheeted by the S-7 Madipakkam Police, finally, the Mahila Court, Chengalpattu vide the judgment dated 29.6.2015 passed in S.C.No.89 of 2012, acquitted him of the above mentioned charge. A reading of the findings and conclusions reached by the Mahila Court, Chengalpattu in S.C.No.89 of 2012 would clearly speak about the case of harassment, intimidation and blackmail administered by the respondent against the appellant, who was pursuing her college studies. When the prime life of the appellant was put to irreparable loss and consequently her family was also put to face humiliation in the public domain, the respondent has wrongly filed the O.P.No.3502 of 2014 under Section 9 of the Hindu Marriage Act seeking an order for restitution of conjugal rights. When it was opposed tooth and nail st