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2021 Supreme(Mad) 1463

T.RAJA, G.CHANDRASEKHARAN
Perumal – Appellant
Versus
Saraswathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.S. Vijaya Raghavan
For the Respondents: R. Marudhachalamurthy

JUDGMENT :

T. Raja, J.

1. The appellant/Mr. Perumal, husband of Mrs. Saraswathi/respondent herein has filed this Civil Miscellaneous Appeal challenging the impugned fair and decreetal order passed by the learned Family Court, Salem, in I.A. No. 180 of 2018 in F.C.O.P. No. 409 of 2016, dated 25.01.2019, in and by which, learned Family Court has directed the appellant/husband to pay a sum of Rs.3,000/- per month to his wife/respondent herein towards interim maintenance.

2. Mr. T.S. Vijaya Raghavan, learned counsel for the appellant/husband argued that the appellant has filed F.C.O.P. No. 409 of 2016 under Sections 13(1)(i) and 13(1)(ia) of the Hindu Marriage Act, 1955 (in short "the Act") seeking dissolution of marriage on the ground of adultery and cruelty, taking a stand that his wife/respondent herein, after deserting him, has been living in adulterous life with one Mr. Ramesh/second respondent in the divorce petition and hence, she is not entitled to seek any maintenance to support her adulterous affair. It is further submitted that when the appellant is having countless oral and documentary evidences to substantiate the fact of his wife's adulterous life, the question of payment of

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