ELIPE DHARMA RAO, M.VENUGOPAL
Nalini Muthu – Appellant
Versus
Muthu – Respondent
M. VENUGOPAL, J.
1. The Appellant/Respondent [Wife] has filed the present civil miscellaneous appeal as against the order dated 28.1.2009 in O.P.No.1601 of 2004 passed by the I Additional Principal Judge, Family Court, Chennai.
2. The Respondent/Petitioner [Husband] has filed O.P.No.1601 of 2004 before the trial Court under Section 13(1)(ia) and Section 25 of the Hindu Marriage Act, 1955 praying for the dissolution of marriage between him and the Appellant/Wife solemnized on 20.4.1989 at Tirupur. According to the Respondent/Husband, his marriage with the Appellant/Wife took place on 20.4.1989 at Tirupur, according to the Hindu Rites and Customs. Thereafter, they lived as Husband and Wife at New No.84, Old No.87, 5th Street, Padmanabha Nagar, Adyar, Chennai, till April 2003. As a result of the wedlock, two daughters, viz., Mookambika and Sridevi, were born on 25.1.1990 and 4.6.1993 respectively.
3. It is the case of the Respondent/Husband that the Appellant/Wife was behaving very indifferently right from the first day of their marriage and had refused even to attend the daily chores, viz., cooking and cleaning the house, etc.
4. It is the plea of the Respondent/Husband that
1. Dr.N.G.Dastane v Mrs.S.Dastane AIR 1975 SC 1534
2. S.Hanumantha Rao v S.Ramani [1999] 3 SCC 620
5. Devram Bilve v Indumati [2000] 10 SCC 540
7. Sirajmohmedkhan Janmohamadkhan v Hafizunnisa Yasinkhan {1981} 4 SCC 250
11. Samar Ghosh v Jaya Ghosh [2007] 4 SCC 511
13. Shobha Rani v Madhukar Reddi I (1988) DMC 12 (SC) = (1988) 1 SCC 105
14. Dan Henderson v D. Henderson AIR 1970 Mad 104 (Div. Bench)
15. Basayya I. Mathad v Rudrayya S. Mathad & ors. 2008 (3) SCC 120
16. N.Kamalam (Dead) & anr. v Ayyasamy & anr. (2001) 7 SCC 503
17. M.Harinarayana @ Haribabu V Smt.P.Swaroopa Rani 2008 (6) ALT 378 (D.B.)
19. T.Paramasivam V N.Babu & anr. (2008) 5 MLJ 68
20. Karnataka Board of Wakf V Government of India & ors. (2004) 10 SCC 779
24. Municipal Corporation of Greater Bombay v Lala Pancham & ors. AIR 1965 SC 1008
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