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1998 Supreme(Mad) 245

S.M.ABDUL WAHAB
P. A. Anbu Anandan – Appellant
Versus
D. Sivakumari – Respondent


Appearing Advocates:N. Joshi, T. Murugamanickam, Advocates.

Judgment :-

These two civil revision petitions arise out of a common order dated 29-3-1996 in I.A. No. 345 of 1992 in H.M.O.P. No. 16 of 1992 and I.A. No. 1179 of 1995 in O.S. No. 1297 of 1995 on the file of the Principal Subordinate Judge, Tiruchirapalli.

2. The aforesaid two petitions were filed by the husband against the wife. First one is for sending the respondent for medical examination to find out whether she remained virgin, while the other one was for direction against her to produce the letters written by the petitioner to her.

3. The short facts leading to this peculiar type of petitions are as follows: The petitioner was a divorcee and after he contracted the marriage again with the respondent on 14-12-1991 and the same was registered on 16-12-1991. Even though they lived together for some time happily at Madras, the respondent went away from the matrimonial home. Hence, he has filed HMOP No. 16 of 1992 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. As a counter blast, the respondent filed O.S. No. 1297 of 1995 for declaration that her marriage with the petitioner is void.

4. The defence was that the attempt of the petitioner was only t































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