COMMON JUDGMENT

These Civil Miscellaneous Appeals are filed by the Appellant/wife challenging the common order dated 05.07.2019 passed in O.P.Nos.51 and

1460 of 2016 by the learned VI Additional Family Court, Chennai.

2. The respondent/husband filed O.P.No.51 of 2016 under section

13(1)(i-a) of the Hindu Marriage Act, 1955 for dissolving the marriage on the ground of matrimonial mental cruelty and desertion. The petition was resisted by the Respondent/ wife on various grounds, by filing a counter, stating that she is ready and willing to live with her husband peacefully.

2.1. The wife/appellant has also filed O.P.No.1460 of 2016 under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights on the ground that respondent's mother harassed the appellant and she is ready for re-union with husband in a separate house.

2.2 On the side of the wife, PW.1 was examined and Ex.P1 to Ex.P4 were marked. On the side of the husband, RW.1 was examined and Ex.R1 to Ex.R9 were marked.

2.3. After trial, by the impugned order, the Family Court allowed the petition filed by the husband, seeking divorce, on the ground that the Appellant/ wife left the matrimonial home without reasons and she denied the respondent's right to have cohabitation with her, by adducing valid evidence and also dismissed the Petition filed by the wife, seeking restitution of conjugal rights on the ground of desertion of matrimonial home without reason.

2.4. Aggrieved by the same, these Civil Miscellaneous Appeals have been filed by the appellant/wife.

3. The learned counsel appearing for the appellant/wife submitted that the dismissal of the petition filed by the appellant/wife under section 9 of the Hindu Marriage Act is unjust and illegal. Even the appellant expressed her willingness to resume cohabitation in the counter filed in OP.No.51 of 2016 and filed O.P.No.1460 of 2016 for restitution of conjugal rights. The learned Family Judge, granted divorce to the respondent/husband on the ground of cruelty without examining the family members and friends to prove such cruelty. The marriage is a consummated one and the appellant/wife is always ready and willing to live with the respondent/husband and even otherwise, she has not filed any petition seeking maintenance from the appellant. Therefore, he prayed for set aside the decree of divorce granted in O.P.No.51 of 2016.

4. The learned counsel for the respondent/husband submitted the marriage between the appellant and respondent solemnized on 23.01.2014 and the appellant/wife entered into marital life with an intention of leading independent marital house without the aged mother of the respondent and when her intention was refused, she started picking up quarrels with him. On the pretext of taking rest, she left her matrimonial house on 23.04.2014 and thereafter, lodged a police complaint on 10.06.2014 against him. She did not like the respondent or his family members and has used all sorts of verbal and gesture violence against him. Without any reason, she deserted the respondent during October 2015, thereby deprived the respondent of his marital bliss. The appellant/wife has also made physical assault on the respondent/husband and the same was admitted in her evidence and the abovesaid act leads to physical cruelty. Considering the above facts, the learned Family Court Judge passed an order granting divorce on the ground of cruelty and dismissed the petition seeking restitution of conjugal rights.

Therefore, he prayed for dismissal of these Civil Miscellaneous Appeals.

5. Heard both sides and perused the materials available on record.

6.Admittedly, the marriage between the appellant and respondent took place on 23.01.2014 and on 23.04.2014 in the guise of taking rest, she left her matrimonial home and she never came back to her matrimonial home. The jewels presented for her at the time of marriage were later taken away by her with the aid of the police in pursuance of a complaint lodged by the petitioner on 09.06