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1964 Supreme(Mad) 213

NATESAN
Kamala Bai – Appellant
Versus
T. R. Rathnavelu Mudaliar – Respondent


Advocates:
E.R. Krishnan, for Appellant; N. Srivatsamani, for Respondent.

Judgement

JUDGMENT :- The plaintiff, a Hindu wife, whose suit for maintenance was decreed by the trial Court and dismissed by the appellate Court in appeal is the appellant in the second appeal.

2. This is an unfortunate case where the marriage struck the shoals even immediately after the marriage. The parties were married on 16-06-1948, and it appears that the plaintiff lived with her husband, the defendant, for about 20 days or so after the marriage and left her husband's house to her mother's house on grounds of ill-treatment. A male child was prematurely born to her on 2-2-1949 and died in a few days. The canker of suspicion that he may not be the father of the child had somehow wormed its way into the mind of the husband and estranged feelings between the spouses led to two suits - (1) O.S. No. 597 of 1949 on the file of the City Civil Court, Madras for maintenance by the wife, and (2) C. S. No. 156 of 1949 in the Original Side of this Court by the husband for restitution of conjugal rights.

3. The two suits were tried together on the Original Side of this Court and on 06-02-1952, Panchapakesa Aiyar, J. passed a common decree in both the suits. It is observed in the judgment that









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