COMMON JUDGMENT

These two Civil Miscellaneous Appeals arise out of a common judgment passed by the learned Family Court, Madurai, in H.M.O.P. Nos.943 of 2018 and 921 of 2018. By the said common judgment, the Family Court dismissed H.M.O.P. No.943 of 2018, filed by the husband, Ramesh, seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and allowed H.M.O.P. No.921 of 2018, filed by the wife, Rama Swathika, seeking restitution of conjugal rights under Section 9 of the Act.

2. Aggrieved by the dismissal of his petition for divorce and the grant of a decree for restitution of conjugal rights in favour of the wife, the husband is before this Court in the present appeals. Since both appeals arise out of a common judgment, involve the same parties and raise common questions, they are disposed of by this common judgment. Prologue:

3. Marriage under Hindu law is treated not merely as a contract but as a sacrament and a social institution built upon mutual trust, shared responsibilities and companionship. The jurisdiction of a Family Court, and in appeal this Court, is not confined to adjudicating disputes in an adversarial sense but extends to examining whether the statut