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2021 Supreme(Mad) 871

T.RAJA
V. Ramasamy – Appellant
Versus
L. Priya @ Priya Bhuvaneswari – Respondent


Appearing Advocates: For the Appellant:K. Sumathi, Advocate. For the Respondent:E. Raj Thilak, Advocate.

Judgment :-

(Prayer: Memorandum of Grounds of Civil Miscellaneous Second Appeals filed under Section 28 of the Hindu Marriage Act, 1955 read with Section 100 of the Code of Civil Procedure, against the common judgment and decree dated 08.11.2012 passed in H.M.C.M.A.Nos.5 & 6 of 2006 on the file of the learned Principal District Judge, Vellore District, confirming the common judgment and decree dated 12.04.2006 passed in M.O.P.Nos.90 & 91 of 2003 on the file of the learned Additional Subordinate Judge, Vellore.)

1. Heard learned counsel for the parties through video conferencing due to the Covid-19 pandemic.

2. These two civil miscellaneous second appeals are directed against the concurrent findings of facts reached by both the trial Court and the lower appellate Court repeatedly refusing to grant divorce in favour of the appellant/husband and granting restitution of conjugal rights in favour of the respondent/wife.

3. The facts in brief leading to the filing of the appeals are stated as follows:-

The appellant is a retired Bank Officer. He married the respondent on 10.2.89 at Sholinghur, Vellore District as per the Hindu rites and customs. Out of the wedlock, a male child was born on 26

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