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2016 Supreme(Mad) 161

S.TAMILVANAN, G.CHOCKALINGAM
Jerry Garman @ Geraldine @ Jayalakshmi – Appellant
Versus
A. S. Sethuraman – Respondent


Advocates:
Advocate Appeared:
For Appellant: Ms. Geetha Ramaseshan.
For Respondent: Mrs. K. Bhavatharini.

JUDGMENT :

S. TAMILVANAN, J.

1. This Civil Miscellaneous Appeal has been preferred under Section 19 of the Family Court Act, seeking to set aside the order, dated 15.04.2015 passed in I.A. No. 623 of 2010 in O.P. No. 2490 of 2007 on the file of the III Additional Family Court, Chennai.

2. The appellant herein had filed the petition in O.P. No. 2940 of 2007 under Section 10 (1)(x) of the Indian Divorce Act, seeking divorce, dissolving the marriage solemnized between the appellant and the respondent herein at Chennai on 17.08.1992. Pending the said Original Petition, the appellant herein, who was the respondent in the O.P. No. 2940 of 2007, filed Interlocutory Application in I.A. No. 623 of 2010, under Section 151 of Civil Procedure Code to dismiss the main petition in O.P. No. 2940 of 2007 filed by the respondent herein on the ground that the marriage was solemnized, as per the Hindu rites and customs, hence, the said Original Petition under Section 10(1)(x) of Indian Divorce Act was not legally maintainable. The III Additional Family Court, by the impugned order, dated 15.04.2015 made in I.A. No. 623 of 2010 in O.P. No. 2940 of 2007 allowed the said Interlocutory Application in I.A.
































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