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2009 Supreme(Mad) 1299

D.MURUGESAN, C.S.KARNAN
C. Rajamani – Appellant
Versus
C. Rathnabai – Respondent


Advocates appeared:
For the Appellant:A.R. Nixon, Advocate.
For the Respondent:V. Suryanarayana Reddy, Advocate.

Judgment

D. Murugesan, J.

1. The appellant filed O.M.S. No.50 of 1998 before this Court under Sections 10 and 22 of the Indian Divorce Act, 1869 and under Order 27, of Original side Rules, seeking for dissolution of marriage between the appellant and the respondent on the grounds of desertion and cruelty or in the alternative for judicial separation on the grounds of desertion coupled with cruelty and for other reliefs. Based on the pleadings, the trial commenced. After the trial has commenced and at the stage when the appellant, who was the petitioner in the said O.M.S. was examined and cross-examined, and the respondent was also put on box for chief-examination, the appellant took out an Application in A. No.5268 of 2008 under Order 14, Rule 8 of Original Side Rules read with Section 18 of the Indian Divorce Act seeking for amendment to declare the marriage solemnized on 21. 1989 as null and void on the ground that the same is vitiated by fraud in the place of "for dissolution of marriage between the petitioner and the respondent on the ground of desertion and cruelty: and include Section 18 of the Divorce Act". The said Petition was dismissed by this Court Order dated 112. 2008.










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