JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The appellant-husband and the respondent-wife resolved to tie the marital knot by solemnising their marriage as per the Hindu rites and customs on 7.2.2002. It appears there was a crash landing at the take-of stage itself! The appellant claims that the respondent’s view was that she had been coerced into marrying the appellant without giving her consent, and left the marriage hall late at night and went to Pudukkottai. An endeavour by the relatives of the appellant to persuade her on the very next day to live with the appellant was not fruitful. The marriage was never consummated. As the marriage did not work out since its inception, the appellant issued a notice dated 25.02.2002 seeking divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’). Surprisingly, the respondent filed a petition for restitution of conjugal rights soon thereafter. Respondent’s case was that the appellant and his family demanded dowry and, on being unable to oblige, the appellant’s brothers took him away from the Respondent’s company, rendering consummation of the marriage impossible. She claims that