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1956 Supreme(Mad) 240

SOMASUNDARAM
Parvathy Ammal – Appellant
Versus
Gopala Goundar – Respondent


Advocates:
T.A. Ramaswami Reddy for Petitioner.
V. Krishnan for M. S. Venkatarama Ayyar for Respondents.
V.V. Radhakrishnan for the Public Prosecutor (P.S. Kailasam) for the State.

Order

This is an application by the wife against an order of the Sub-Divisional Magistrate, Villupuram, who has refused to give maintenance to the petitioner herein on the ground that it has not been established that the petitioner and the respondent were married according to Hindu Law. The evidence clearly discloses that the petitioner and the respondent went to a temple called Tiruvamuthur Easwaran Temple and there with the aid of a priest some ceremonies like Vigneswara Pooja, Kalasa Pooja and Mangalya Pooja were performed and then the thali was tied round the neck of the petitioner by the respondent; marriage invitations were issued inviting relatives and friends to attend the above function in the temple and the marriage itself was performed in the above manner. It is clear also from the evidence that some other ceremonies which are performed usually in marriages according to religious rites were not performed such as Homam, Patha Pooja, Ammi Mithithal and Sapthapathi. There is no evidence that under the custom of the community to which the petitioner and the respondent belong, it is not necessary to have Sapthapathi. I may add that the petitioner and the respondent had been li







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