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2011 Supreme(Mad) 3802

ELIPE DHARMA RAO, M.VENUGOPAL
R. Natarajan – Appellant
Versus
Sujatha Vasudevan – Respondent


Advocates appeared:
For the Appellant:K. Bhavatharani, Advocate.
For the Respondent:V. Jayachandran, Advocate.

Judgment :-

M. Venugopal, J.

1. The Appellant/Respondent (Husband) has preferred these instant two Civil Miscellaneous Appeals as against the Common Order dated 07.07.2009 in O.P.No.519 of 2008 and O.P.No.993 of 2007 on the file of the II Additional Family Court, Chennai.

2. The trial Court, on appreciation of the oral and documentary evidence available on record, while passing the Common Order in O.P.Nos.993/2007 and 519/2008 on 07.07.2009, has, among other things, observed that '... In this case on hand, both the parties are throwing the allegations against each other and both of them did not adduce any documentary evidence to prove their allegations. Further in this case, the allegations made by the Petitioner would be in the nature of normal wear and tear between the parties, that will not amount to cruelty. Hence, considering the age of the parties and the future welfare of the child, since the respondent/wife is willing to live with the petitioner/husband and filed the Restitution of Conjugal Rights Petition before this Court, this Court finds that the petitioner is not entitled for divorce on the ground of cruelty etc.' and resultantly, dismissed the O.P.No.993 of 2007 filed b
















































































































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