JUDGMENT :

K. LAKSHMAN, J.

Heard Sri G. Narender Raj, learned Counsel for the appellant in FCA No.231 of 2013 and learned Counsel for the respondent in FCA No.239 of 2013 and Sri V.R. Machavaram, learned Counsel for the appellant in FCA No.239 of 2013 and learned Counsel for the respondent in FCA No.231 of 2013.

2. The parties hereinafter are referred to as they are arrayed in FCA No.231 of 2013.

3. Respondent-wife had filed a petition vide FCOP No.585 of 2011 under Section 13(1)(ia) of the Hindu Marriage Act, 1956 against the appellant-husband seeking dissolution of marriage on the ground of cruelty. According to the respondent-wife;

(i) her marriage with the appellant-husband was performed on 30.01.1999 at Hyderabad as per Hindu rites and customs.

(ii) It is an arranged marriage.

(iii) The parents of the respondent-wife also gave dowry to the appellant-husband.

(iv) On the night of nuptials, the appellant-husband did not perform intercourse saying that he is in tense and he will do it next time.

(v) After the marriage, appellant and respondent went to Kodaikanal as honeymoon trip. Even there also, he did not perform anything and when the same was questioned by the respondent-wife, he said that the sensitive parts of his body are little small and as such, he could not perform intercourse.

(vi) Thereafter she tried number of times, but the appellant did not co-operate with her and as such she came to know that appellant-husband is an impotent and not fit for conjugal life.

(vii) From 1999 to 2002, both stayed in her in-laws place in Mumbai.

(viii) Her in-laws did not allow them to go out and used to restrict to stay at home even during the week ends also.

(ix) The appellant did not bother to take care of the respondent.

(x) He neither took her out nor looked after her welfare.

(xi) The respondent-wife used to do job at the time of marriage. Thereafter she has resigned.

(xii) Even appellant-husband was not interested to do job. After resigning job, appellant-husband, his parents, sister and brother started harassing respondent-wife demanding additional dowry.

(xiii) They have also tortured her mentally. Every day is a worst day to her.

(xiv) In the year 2001, appellant alone went to Dr. Bhandarkar for consultation on his own without informing the respondent-wife.

(xv) On enquiry, he has informed her that on the pressure of his parents to have children, he has consulted the said doctor.

(xvi) He has informed the respondent that he cannot have children, the reports say so and his parents also knew the said fact before the marriage itself.

(xvii) Even the parents of the appellant advised him not to reveal the said fact to the respondent-wife so that the marriage will break and the girl's life will be ruined. He used to take some steroid injections.

(xviii) In the year 2001, the appellant and respondent came to Hyderabad and consulted some doctors in Hyderabad since the appellant is not able to perform his matrimonial duties and all his reports reveal that he has 'Klinefelter Karyotype XXY' and his sperm count reading as 'Nil'. After the said reports, his parents advised both the appellant and respondent to adopt a child or to go for a test tube baby.

(xix) Immediately on the advice of the appellant and his parents, the respondent went to 'Malpani Infertility Clinic' wherein she undergone treatment of IUI with donor's sperm.

(xx) Subsequently, with the advice and consent of the appellant, the respondent has conceived and blessed with a female child on 26.04.2003. Her name is 'Samyukta'.

4. Every night the appellant used to argue on small matters with the respondent.

(i) He used to come home in a drunken condition, that too late night.

(ii) In the weekends, all the time, he used to sleep and never wants to listen whatever she speak.

(iii) On one night, he informed her that someone has done black magic to him. It is a girl from office and he feels she lives in her. He always used to imagine her in the respondent and want to have sexual favours. He used to say t