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2007 Supreme(Mad) 739

K.N.BASHA
Tmt. Indira & Others – Appellant
Versus
N. Kannan S/o Nagappan, Assistant Administrative officer, Life Insurance Corporation of India, Tatabad Branch, Coimbatore – Respondent


Advocates:
For the Petitioners:N. Manokaran, Advocate. For the Respondent:
N. Doraisamy, (Legal Aid counsel).

Judgment :-

The petitioners have come forward with this petition challenging the order of the dismissal of the maintenance petition filed by the petitioners in M.C.No.22 of 2002 by the learned Judge, Family Court, Salem by order dated 2. 2004.

2. Learned counsel for the petitioners has submitted that the learned Judge, Family Court, Salem dismissed the petition mainly on the ground that the petitioners were admittedly residing only at Vennanthur, Namakkal District and the respondent is residing at Coimbatore and the petitioners lastly resided admittedly at Coimbatore with the respondent and therefore the petition is liable to be dismissed on the ground that Salem Court is not having territorial jurisdiction to entertain this petition for maintenance filed by the petitioners.

3. Learned counsel for the petitioners further contended that the finding of the Family Court, Salem is contrary to the material facts available on record. Even in the petition filed by the petitioners it is very clearly stated that the petitioners lastly resided at Salem with the respondent. It is also further contended by the learned counsel for the petitioners that even in the counter, this fact was admitte


















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