BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 19/11/2025

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN

AND

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI

CMA(MD)Nos.119 and 120 of 2021

and

CMP(MD)No.1020 of 2021

(1)CMA(MD)No.119 of 2021:-

Arunkumar : Appellant/Respondent

Vs.

Shanmuga Sundari : Respondent/Petitioner

Prayer:-This Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1988, against the judgment and decree, dated 03/12/2020 passed in

HMOP No.331 of 2018 on the file of the Family Court, Tirunelveli.

For Appellant : Mr.S.Muthuraman

& Mr.Boominathan

For Respondent : Mr.H.Arumugam

(2)CMA(MD)No.120 of 2021:-

Arunkumar : Appellant/Respondent

Vs.

Shanmuga Sundari : Respondent/Petitioner

Prayer:-This Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1988, against the judgment and decree, dated 03/12/2020 passed in HMOP No.184 of 2019 on the file of the Family Court, Tirunelveli.

For Appellant : Mr.S.Muthuraman & Mr.Boominathan For Respondent : Mr.H.Arumugam

COMMON JUDGMENT

(Judgment of the Court was made by the Hon'ble P.VELMURUGAN. J.

These Civil Miscellaneous Appeals are directed against the common order made in HMOP Nos.331 of 2018 and 184 of 2019, dated 03/12/2020 on the file of the Family Court, Tirunelveli and to set aside the same.

2.For the sake of convenience, the parties are referred to as the husband and wife in the appeals.

3.The facts of the case are as follows:-

The marriage between the husband and the wife was solemnized on

09/11/2016 at Palayamkottai as per the Hindu Rites and Customs. The marriage was registered at Melapalayam Sub-Registrar Office, on 10/11/2016. The husband is a close relative to the wife and she studied MCA, M.Phil. The husband had studied MCA and is working as Senior Engineer in a private Company at Taramani, Chennai. There was consummation of marriage and the spouse living happily. The wife was working as a Lecturer in Rose Marry Girls College before the marriage and had resigned the job due to marriage. The husband requested his wife to study Ph.D Course, for which, he asked to make job arrangement in Chennai. As the wife was not able to get a seat in Chennai, she joined Ph.D Course at Tirunelveli. The husband used to contact his wife through mobile phone often. All of a sudden, the wife received a letter from his husband with false allegations. The wife sent a proper reply, on 18/05/2018. In the meantime, the husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, for divorce, in HMOP No.776 of 2018 before the Sub Court, Tambaram and later, it was transferred to Family Court, Tirunelveli and renumbered as HMOP No.184 of 2019. Since the wife is always ready and willing to live with her husband, on 06/12/2018, she filed a petition in HMOP No.331 of 2018 under Section 9 of the Hindu Marriage Act seeking the relief of restitution of conjugal rights.

4.Before the Family Court, in order to substantiate their stand, on the side of the wife, 2 witnesses were examined as PW1 and PW2 and 23 documents were marked as Exs.P1 to P23. On the side of the husband, he himself was examined as RW1 and 7 documents were marked as Exs.R1 to R7.

5.The Family Court, after considering the materials and appreciating the evidence adduced on either side, has passed a common order, dismissing the petition for divorce filed by the husband and allowed the petition for restitution of conjugal rights filed by the wife and directed the husband to live with the wife within one month from the date of the order.

6.Aggrieved over the same, the husband as appellant filed these Civil Miscellaneous Appeals.

7.The learned counsel for the appellant/husband would submit that the marriage was never consummated between the husband and wife and the trial Court failed to appreciate that the parties lived together only for 20 to 30 days; The wife left the matrimonial home, on 10/12/2016 barely 30 days after the marriage and has been living separately for the past several years and in such a sho