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2021 Supreme(Mad) 167

PUSHPA SATHYANARAYANA, S.KANNAMMAL
A. Selvaraj – Appellant
Versus
Catherine Pushpalatha – Respondent


Advocate Appeared:
For the Appellant :K.N. Thambi, Advocate.
For the Respondent:A. Arumugam for Ajmal Associates, Advocates.

JUDGMENT :

S. Kannammal, J.

(Prayer: Civil Miscellaneous Appeal filed under Section 39 of Special Marriage Act, Hindu Marriage Act, to set aside the fair and decreetal order, dated 18.04.2015 made in S.M.O.P.No.194 of 2011 on the file of the Principal District Judge, Kanyakumari at Nagercoil.)

1. This Civil Miscellaneous Appeal is preferred against the judgment and decree passed in S.M.O.P. No.194 of 2011, dated 18.04.2015 by the Principal District Judge, Kanyakumari at Nagercoil.

2. The case of the appellant/husband is that the marriage between him and the respondent/wife was solemnized on 02.01.1991 at Sri Ram Marriage Hall, Thiruvattar and was registered at Thiruvattar Sub Registrar Office. Right after the marriage, they lived at Vettoornimadam, Nagercoil and the marital life has gone smoothly until the respondent failed to conceive and was not able to deliver a child due to her impotency. Despite the appellant taking the respondent to undergo treatments in various hospitals, the impotency of the respondent was not cured. Even though the appellant was cordial towards the respondent, the respondent alleged vague allegation against the appellant and used unparliamentary words against

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