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2008 Supreme(Mad) 2951

S.MANIKUMAR
R. Sridharan – Appellant
Versus
The Presiding Officer, Principal Family Court, Chennai – Respondent


Advocates Appeared:
For the Petitioner:K.M. Nalinishree, Advocate.
For the Respondent:K. Kannan, Advocate.

Judgment :-

The petitioner has sought for a Writ of Prohibition, prohibiting the first respondent from proceeding with the trial in O.P.No.569 of 2004 on its file.

2. Facts leading to the present Writ Petition are as follows:

The petitioner is a domicile in United States of America, since 1992 and is working as a Software Engineer. The second respondent is known to their family since childhood. Marriage between the parties to this lis was arranged by elders. The second respondent, her parents and relatives came to United States and the marriage was performed on 17.04.2002 and registered on 30.07.2002. The second respondent came to India in the second week of January 2003 for a short visit promising to return after completing a dance programme. But she began to act in films and with ulterior motive, she filed O.P.NO.569 of 2004 on the file of the Principal Family Court, Chennai for divorce under the Hindu Marriage Act, alleging cruelty. Since he was residing in United States, summons were not served and therefore, the second respondent obtained an exparte decree of divorce on 19.07.2004. On his application, the order was set aside on 23.09.2004 and the O.P., was restored. Apprehendin










































































































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