COMMON JUDGMENT

(Judgment of the Court was pronounced by T.RAJA, J.)

The Civil Miscellaneous Appeal No.535/2021 has been directed against the order and decreetal order dated 29.07.2020 passed in O.P.No.1400/2011 by the learned III Additional Judge, Family Court, Chennai, thereby declining to dissolve the marriage that took place between the parties on 08.02.2009 against the appellant-husband.

2. The Civil Miscellaneous Appeal No.536/2021 has been directed against the order dated 29.07.2020 passed in O.P.No.2609/2011 by the learned III Additional Judge, Family Court, Chennai, thereby granting the relief of restitution of conjugal rights in favour of the respondent-wife.

3. The brief facts of the case is that the appellant-husband and the petitioner-wife got married on 08.02.2009 at Vishnu Mahal in Saligrammam, Chennai, as per the Hindu Rites and Customs in the presence of relatives and friends and out of the said wedlock, a female child was born to them on 01.02.2010. Though several differences of opinion erupted between them from the beginning, on 21.10.2009, the respondent wife on her own accord went to her in-law's place and from there, she was attending the office. Thereafter, for taking treatment for her illness, the respondent-wife went to her parental house on 20.01.2010 and a female child was born to them on 01.02.2010 and thereafter, the appellant husband went to Bahrain on 1.5.2010 for job. While so, as suggested by the appellant husband, the respondent wife along with the child visited the in laws house during his arrival to India and after arriving India on 17.07.2010, due to the unpleasant events that took place among the family members, the appellant- husband has served legal notices dated 18.02.2011 and 31.3.2011 on the respondent-wife. Thereafter, the appellant husband has filed HMOP.No.1400/2012 seeking dissolution of the marriage before the learned II Additional Judge, Family Court, Chennai and the respondent-wife filed HMOP.No.2609/2011 seeking restitution of conjugal rights before the same court. After full fledged trial, the trial Court dismissed the O.P.No.1400/2011 filed by the appellant-husband seeking dissolution of the marriage between the parties and allowed O.P.No.2609/2011 filed by the respondent-wife seeking restitution of conjugal rights. Aggrieved over the same, the appellant-husband is before this Court with these two appeals.

4. When the matters were called on 15.03.2021, learned Counsel for the appellant-husband in both the appeals, drawing our notice to the letter dated 18.10.2020 addressed by the respondent- wife to the appellant-husband expressing her willingness to join him along with their daughter, requested us to give a chance to both parties to explore the possibility of reunion. This Court has also directed the parties to appear before this Court on 15.03.2021. Though on 15.3.2021 the appellant-husband appeared before this Court and also expressed his willingness for re-union, but there was no representation for the respondent-wife. Therefore, again, the matter was adjourned to 22.03.2021 for the appearance of both parties before this Court. On 22.03.2021 both the appellant husband and the respondent wife agreed for reunion and the matter was adjourned today for filing individual affidavit by the parties concerned.

5. To-day, i.e. on 25.03.2021, when the matters were called, the learned Counsel on either side submitted that both the appellant- wife and the respondent-husband has filed individual affidavits. They further submitted that after 15.04.2021, on an auspicious date, the appellant-husband will take back the respondent-wife along with their minor daughter to the matrimonial home since the present Tamil Month, namely, 'Panguni' is not a suitable month for reunion as per Hindu Religion. Therefore, recording the said affidavits, the present Civil Miscellaneous Appeals may be disposed of.

6. In this regard, it is relevant to extract the affidavits filed by both the appellant-husband dat