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2007 Supreme(Mad) 2802

S.ASHOK KUMAR
N. Subramani – Appellant
Versus
T. Shantha – Respondent


Advocates:
For the Appellant:K. Hariharan, Advocate. For the Respondent: No appearance.

Judgment :-

The unsuccessful appellant/husband who has lost his case before both the courts below has preferred this Civil Miscellaneous Second Appeal against the concurrent findings rejecting his case for divorce on the ground of cruelty and desertion.

2. The case in brief is as follows:

The petitioner and respondent are husband and wife. The marriage between them was performed on 30.04.1975 at Thimmarajapuram in Thirunelveli District according to Hindu rites and customs in the presence of the elders. After the marriage, they set up their family at Chengalpattu and thereafter at Chrompet as the petitioner is working at Madras. They lived happily till the birth of a female child on 18.02.1977 at Quilon in the residence of the respondents parents. The petitioner and the respondent are employed respectively, in Chengalpattu Medical College as Assistant and as Clerk in Chengalpattu Post Office. The respondent left the matrimonial home for the firs time on 23.03.1980, and from then onwards, the dispute started. Thereafter, the husband filed O.P.No.249 of 1980 on the file of Subordinate Judge, Chengalpattu, for restitution of conjugal rights and obtained a decree for restitution of conj














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