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1974 Supreme(Mad) 93

P.S.KAILASAM, MAHARAJAN
Lakshmi Ammal – Appellant
Versus
Alagiriswami Chettiar – Respondent


Advocates:
R. Rajagopala Iyer, for Appellant, K. Alagumalai, for Respondent.

Judgement

MAHARAJAN, J. :- This appeal is directed against the judgment of Ganesan, J. in C.M.S.A. No. 151 of 1969 and arises under the following circumstances: Lakshmi, who is the appellant before us, married Alagiriswami Chettiar, the respondent herein, in the year 1948. At the time of her marriage Alagiriswami Chettiar had a first wife living. After the second marriage both the wives of Alagirisami Chettiar were living with him under the same roof, and each of them begot children to him. The appellant begot two sons and one daughter by Alagiriswami Chettiar and it is said that the eldest son is now 23 years old, the second son is 18 years old and the daughter is 14 years old. Subsequent to the second marriage, the Hindu Marriage Act, 1955, came into force on 18-5-1955. Two of the children of the appellant were born after the commencement of the Act. In 1961, the appellant filed a petition before the Principal Subordinate Judge, Madurai, under Section 13 (2) (i) and Sections 26 and 27 of the Hindu Marriage Act, for a decree for divorce. The sole ground relied upon in the petition was that another wife of the husband married before the commencement of the Act was alive at the time








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