COMMON JUDGMENT

1.Prologue:

Marriage in Indian society is not merely a civil contract but a sacred union, carrying legal rights as well as emotional, social and moral obligations. When spouses approach the matrimonial Court with cross-claims, one seeking dissolution of marriage on the ground of cruelty, the other seeking restitution of conjugal rights. The Court is required to strike a careful balance between individual autonomy and the statutory mandate to preserve the marital tie, wherever possible, without compromising legal standards.

2. The present appeals arise out of a common judgment dated 27.11.2018 passed by the learned Judge, Family Court, Madurai, in H.M.O.P. No.425 of 2017 (filed by the husband for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955) and H.M.O.P. No.802 of 2016 (filed by the wife for restitution of conjugal rights under Section 9 of the Act).

3. The learned Family Court, by a detailed order, dismissed the husband’s divorce petition and allowed the wife’s petition for restitution of conjugal rights. Aggrieved, the husband has preferred C.M.A.(MD) No. 370 of 2019, and C.M.A.(MD) No.371 of 2019. Both appeals are disposed of by this common judgmen