(Judgment of the Court was made by R.KALAMATHI.,J)

CM.A.No.3566 of 2021 has been preferred against the Order, dated 16.09.2021 made in H.M.O.P.No.86 of 2014 filed by the wife under Section 13(1)(i-a) of the Hindu Marriage Act,1955 for an order of divorce on the ground of cruelty. Whereas H.M.O.P.No.35 of 2015 has been preferred by the husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

2.For easy reference, the wife is referred to as the Petitioner and the husband is referred to as the respondent in the judgment.

3.The facts set out in Petition in H.M.O.P.No.86 of 2014 and counter in H.M.O.P.No.35 of 2015 are given in brief:

The marriage between the Petitioner and respondent was solemnized on 19.05.1999 at Sri Lakshmi Thirumana Maligai, Iyyappanthangal, Chennai-56 as per Hindu Rites and Customs. Out of the lawful wedlock, a boy baby by name Ajay Kumar was born on 03.05.2000 and a girl baby by name Iswarya was born on 18.10.2004. Right from the date of marriage, the respondent-husband had been incompatible with her and misunderstanding developed day-by-day. The Petitioner is living at her parents house. The respondent used to consume alcohol. He s