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2011 Supreme(Mad) 4050

K.MOHAN RAM, M.DURAISWAMY
S. Hymavathy – Appellant
Versus
S. Venkateswara Rao – Respondent


Advocates appeared:
For the Appellant:S. Parthasarathy, SC for P. Elango, Advocate.
For the Respondent:P.C. Harikumar, Advocate.

Judgment :-

K.MOHAN RAM,J

1. The appellant in both the above appeals is the wife of the respondent.

2. The appellant filed O.P.No.1213 of 1997 against the respondent herein before the Principal Family Court, Chennai under Section 13(1)(i-a) of the Hindu Marriage Act seeking a decree of divorce from the respondent on the ground of mental cruelty. Pending the aforesaid original petition, the respondent herein filed O.P.No.115 of 1999 before the same Court under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights on the ground that the wife – appellant herein had left the matrimonial home without any reasonable cause.

3. Before the Family Court, the appellant herein was examined as PW1 and she was cross examined by the respondent. The respondent/husband did not enter into the witness box. Except the marriage invitation card, which is marked as ExP1 by the appellant herein, no other documents have been marked on either side.

4. By an common order dated 2.9.2003, the Court below dismissed O.P.No.1213 of 1997 and allowed O.P.No.115 of 1999 and being aggrieved by that, the wife has filed the aforesaid two appeals. In O.P.No.1213 of 1997, the respondent filed I.A. No.12
















































































































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