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2016 Supreme(Mad) 485

P.R.SHIVAKUMAR
K. Sekar – Appellant
Versus
M. Dhivya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Lenin for M/s. Lenin and Bhagya
For the Respondent: Mr. Devaraj Mahesh

ORDER :

The arguments advanced by Mr. Lenin, learned counsel for the petitioner and by Mr. Devaraj Mahesh, learned counsel for the respondent are heard.

2. The respondent is none other than the wife of the petitioner herein. The petitioner filed the O.P. No. 1562 of 2014, which is now pending on the file of the learned III Additional Judge, Family Court, Chennai, for the relief of divorce on the ground of cruelty. In fact, the petition was sought to be filed both on the ground of cruelty and desertion. Since the pleading revealed that the desertion alleged by the petitioner was not the minimum period of desertion contemplated under the statute enabling him to seek divorce on the ground of desertion, the petition was sought to be returned questioning how a petition for divorce on the ground of desertion would lie. But the petitioner chose to delete the ground of desertion, accepting the objection raised by the office of the Family Court. Thereafter, the respondent (wife) entered appearance. Subsequently, on completion of two years from the date on which the petitioner and the respondent started living separately, the petitioner filed I.A. No. 117 of 2015 seeking permission to amend th








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