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1994 Supreme(Mad) 663

SRINIVASAN, S.S.SUBRAMANI
S. Saikumari – Appellant
Versus
P. Mohanasundaram – Respondent


Advocates:
N.S. Sivam, for Appellant. K.T. Palpandian, for Respondent.

Judgment :-

S.S. Subramani, J.

This appeal is preferred by the counter-petitioner against the decision of the Principal Family Court, Madras in H.M.O.P.No.1071 of 1988. It was originally filed before the City Civil Court, Madras. By the impugned decision the family court has allowed judicial separation. The wife has come up with this appeal.

2. The relevant facts are as follows: The respondent married the appellant on 310. 1977. A daughter was born to them, who is named as Shanmugha Priya. On the date of the petition, she is seven years old. The petition filed by the husband was one for divorce under Sec.13(1)(i-a) of the Hindu Marriage Act, 1955. The ground urged for divorce is cruelty. Paragraphs 4, 5, 6 and 7 are the allegations which constitute a cause of action for filing the petition. They are as follows:

"......It is submitted that even though the respondent promised that she would be a housewife and look after the household work, prior to the solemnization of the marriage between the petitioner and the respondent, she did not adhere to the same subsequent to the same. She was employed as Assistant Professor in the Department of Sociology at Queen Mary’s College, Madras. Thou



























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