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2021 Supreme(Mad) 2025

S.VAIDYANATHAN, R.VIJAYAKUMAR
R. Kalaiselvi – Appellant
Versus
Joseph Baby – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Mukunth for M/s. Sarvabhauman.

JUDGMENT :

R. VIJAYAKUMAR, J.

Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984 against the Fair and Decreetal Order dated 14.02.2019 made in I.A. No. 560/2018 in D.O.P. No. 796/2017 on the file of the Hon'ble Additional Principal Family Court, Coimbatore.

1. The Appellant had filed D.O.P. No. 796 of 2017 before the Family Court, Coimbatore as against the respondent for the relief of restitution of conjugal rights under Section 32 of the Divorce Act 1869. Pending D.O.P. No. 796 of 2017, the respondent herein had filed I.A. No. 560 of 2018 to reject the petition on the ground that it is a clear abuse of process of law. A counter was filed by the Appellant herein. After hearing both the parties, the Additional Principal Family Court, Coimbatore has allowed I.A. No. 560 of 2018 and consequently rejected the D.O.P. No. 796 of 2017. As against the said order, the present Appeal has been filed by the Appellant.

2. The Appellant herein, in her petition has contended that she got married to the Respondent on 17.12.2013, in the presence of close relatives and friends. The Appellant had further contended that they got married through exchange of rings and t

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