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1998 Supreme(Mad) 1736

S.S.SUBRAMANI
Janaki – Appellant
Versus
V. Sundaram – Respondent


Advocates:
Mrs.Chitra Sampath, Advocate for Petitioner. Mrs.Sheila Jayaprakash, Advocate for Respondent.

Judgment :

1. This revision is filed under Article 227 of the Constitution of India by the wife in O.P.No.1328 of 1995, on the file of II Additional Family Judge, Chennai. Reason for filing this revision is only to bring to the notice of this Court the procedural illegality committed by the Family Court in passing an ex parte order of divorce.

2. A petition for divorce was filed by the respondent herein against the petitioner, alleging that she had been cruel to him, and due to that cruelty, it is impossible for him to continue the marital relationship.

3. A counter statement was filed by petitioner herein, denying the allegations and also setting out the reasons why there have difference of opinion between them.

4. According to her, there was a persistent demand by the husband for getting amounts from her house, which she refused. It is also said that the husband was a drunkard and made the family life impossible. She also alleged that even though she had given birth to three daughters, they were also not being properly maintained. Because of this cruelty, she had also moved the Police and it is only in such circumstances, they had to live apart. She justified her action.

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