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1976 Supreme(Mad) 2

N.S.RAMASWAMI
Mythili Raman – Appellant
Versus
K. T. Raman – Respondent


Advocates:
A.C. Muthanna for M. Subramaniam and Ranjit Jacob, for Appellant in both the Appeals; C.S. Padmanabhan for King
Patridge, for Respondent in both the Appeals.

Judgement

JUDGMENT:- These two civil miscellaneous appeals by a Hindu wife arise under peculiar circumstances The husband filed a petition under Section 10 (1) of the Hindu Marriage Act (hereinafter referred to as the Act), for judicial separation on the ground that the wife had been guilty of cruelty towards him. The wife contested the petition refuting the allegations made by the husband against her. She also filed an application under Section 24 of the Act for interim alimony and expenses of proceedings. The husband filed a counter-affidavit opposing the aforesaid application under Section 24. Peculiarly enough, the court below did not hear this application and passed no orders thereon. It had been adjourning the application along with the main petition for judicial separation from time to time. In fact, on behalf of the wife, an application for advancing the hearing of the above said application, viz., the application under Section 24 was also filed, as the court below had adjourned the said application along with the main petition to a particular date. It may be noted that the lower court fixed the date finally for the trial of the main petition for judicial separation. Natural












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