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1985 Supreme(Mad) 497

SWAMIKKANNU
Maharaja Nadar – Appellant
Versus
Muthukani Ammal – Respondent


Advocates:
Ashraff Ali of M/s. Raj and Raj, for Appellant; R. Balasubramaniam, for Respondent.

Judgement

JUDGMENT:- This is a second appeal preferred against the judgment and decree dated 30-1-1979 of the learned II Additional Subordinate Judge, Tirunelveli, in A.S. No. 147 of 1978.

2. The defendant, Maharaja Nadar in the suit is the appellant herein.

3. The plaintiff, Muthukani Ammal filed the suit for maintenance. Her case is as follows :- The marriage of the plaintiff with the defendant was celebrated about 11 years prior to the institution of the suit, in the father's house of the plaintiff at Sivahthipuram, as per the caste custom and usage of the community to which they belong. Since the date of marriage, they lived happily as husband and wife. The defendant was often beating the plaintiff and was cruelly treating her and was driving her out of his house. In spite of it, the plaintiff was bearing all the cruel treatment of her husband and was living as dutiful wife. At one time, the plaintiff was charged with the commission of offence of theft. The defendant demanded the plaintiffs consent for the second marriage since they have no child. On her refusal, she was beaten and treated with cruelty. At last, the end of 1151 Andu, Adi month, the defendant beat the plaintiff and



































































































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