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2012 Supreme(Mad) 3855

R.BANUMATHI, R.SUBBIAH
Kavitha – Appellant
Versus
C. Prabakar rep. By his Power of Attorney Dr. A. Chandrasekaran – Respondent


Advocates Appeared:
For the Appellant:P.B. Balaji, Advocate.
For the Respondent:M. Devaraj, Advocate.

Judgment :-

R.BANUMATHI, J.

1. Challenge in this appeal is the docket order dated 26.05.2010 in F.C.O.P.No.54 of 2010 on the file of Family Court, Salem permitting the Respondent to withdraw F.C.O.P.No.54 of 2010 with liberty to file fresh Petition in future with the same cause of action.

2. Marriage between the Appellant and the Respondent was solemnised on 28.05.2007 in Erode. Respondent was employed in Canada for 2= years before the marriage and he got work permit from Canadian Authorities. After the marriage, Respondent left for Canada and got the work permit extended. There was some delay in getting Visa to the Appellant and finally, Appellant went to Canada on 18.07.2008 and she is said to have stayed in Canada for about eight days and thereafter, she came back from Canada. A panchayat is said to have been convened on 09.09.2008 at Erode and that the said panchayat did not fructify. According to the Respondent, the family members of Appellant left her in the Respondent's house at Salem and therefore the parents of the Respondent left the house. Alleging that Appellant was abusing and scolding the Respondent and that she treated the Respondent with cruelty, Respondent filed Di





























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