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1967 Supreme(Mad) 391

A.ALAGIRISWAMI
Solomon Devasahayam Selvaraj – Appellant
Versus
Chandirah Mary – Respondent


Advocates:
O. K. Nambiyar, for Petitioner.
J. Samuel, for Respondent.

ORDER:-

This is a petition under section 32 of the Indian Divorce Act by a husband for restitution of conjugal rights against his wife. The parties are Indian Christians. They were married on 26th May, 1955. The husband was then living with his brother and his family and the wife was taken to that house. Soon after about the middle of July, 1955, the wife was taken to her parents’ house for the month of ‘Adi’ as is usual in the south in the case of newly married brides. She came back to the husband’s house not at the end of Adi but much later. It appears that the wife used to go to her parents’ house off and on and once the husband’s brother’s father-in-law had to go and persuade the wife’s parents to send her to her husband’s house and another time one Rev. Chinniah had to be approached. Ultimately in 1959, the wife filed a petition before the Chief Presidency Magistrate under section 488, Criminal Procedure Code, for maintenance. As a result of what happened in the Court, the husband set up a separate home to which both the parties moved on 19th November, 1959. After about three weeks, the wife was taken away by her father to his house and thereafter, the parties had not been coha


























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