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2021 Supreme(Mad) 272

S.M.SUBRAMANIAM
U. Dhandayuthapani – Appellant
Versus
Sasikala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Manokaran.
For the Respondents: K. Kavitha, S.B. Viswanathan.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Civil Miscellaneous Second Appeal is preferred under Section 13(1)(1A) of the Hindu Marriage Act 25 of 1955 r/w Section 100 of the Code of Civil Procedure against the judgment and decree dated 14.02.2006 made in CMA No. 7 of 2003 on the file of the Principal District Court, Namakkal, reversing the judgment and decree dated 10.08.2001 made in HMOP No. 69 of 1995 on the file of the Sub-Court, Sankari.

1. The judgment and decree dated 14.02.2006 passed in CMA No. 7 of 2003 on the file of the Principal District Court, Namakkal, reversing the judgment and decree dated 10.08.2001 passed in HMOP No. 69 of 1995 on the file of the Sub-Court, Sankari, are under challenge in the present Civil Miscellaneous Second Appeal.

2. The facts in nutshell to be considered for the purpose of deciding the present Civil Miscellaneous Second Appeal are that the marriage between the appellant and the respondent was solemnized on 12.09.1993 in Arulmighu Ayyappasamy Prayer Hall, Komarapalayam as per Hindu Rights and Customs. Unfortunately, the spouses left the matrimonial home on account of indifferences between them on 24.01.1994. Admittedly, from 24.01.1994 onwards, both

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