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2019 Supreme(Mad) 3096

V.BHAVANI SUBBAROYAN
P. Senthilkumar rep. by his Power Agent M. K. Periasamy – Appellant
Versus
V. Kalpana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.K.Pandurangan
For the Respondent: Mr.R.Asokan

JUDGMENT :

Prayer in C.M.S.A.No.5 of 2018

Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act, 1955 r/w Section 100 of Civil Procedure Code to set aside the Judgment and decree dated 22.03.2017 passed in C.M.A.No.13 of 2015 on the file of learned Principal District Judge, Chengalpattu and the order dated 12.06.2014 passed in I.A.No.115 of 2013 in H.M.O.P.No.45 of 2008 on the file of Sub Judge, Tambaram.

Prayer in C.M.S.A.No.6 of 2018

Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act, 1955 r/w Section 100 of Civil Procedure Code to set aside the Judgment and decree dated 22.03.2017 passed in C.M.A.No.10 of 2014 confirming the Judgment of the trial court dated 12.06.2014 in H.M.O.P.No.45 of 2008 dissolving the marriage of the appellant and respondent on 01.02.2002.

Since the issues involved in both the cases are one and the same, they are taken up together and a common judgment is being passed.

2. The appellant has raised the following questions of law in C.M.S.A.Nos.5 and 6 of 2018:

    C.M.S.A.No.5 of 2018:

(i) Whether the Lower Appellate Court was justified in upholding the order of the trial court awarding permanent maintenance to

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