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2022 Supreme(Mad) 3418

P. T. ASHA
G. P. Mahalakshmi – Appellant
Versus
R. Senthil Kumar – Respondent


Advocates appeared:
For the Appellant:R. Narendran, Advocate. For the Respondent:V. Sekar, Advocate.

JUDGMENT

(Prayer: This Civil Miscellaneous Second Appeal is filed under Section 100 of the Code of Civil Procedure, against the Fair order and Decreetal order dated 12.08.2014 made in HM.CMA.No.14 of 2012 on the file the I Additional District and Session Judge at Vellore, confirming the Fair Order and Decreetal Order dated 15.06.2011 in HMOP No.212 of 2009 on the file of the Subordinate Judge, Vellore.)

1. The unsuccessful wife before the Court below has filed the above CMSA. The Second Appeal has been admitted on the following Substantial Questions of law:- "

a) Whether the lower appellate Court is right in grntig the relief u/s 13(1) of the Hindu Marriage Act on the ground of irretrievable break down of marriage? As against the originally relirf sught u/s 13(1)(ia) by the respondent.

b) Whether the subsequent handing over and admission of the respondent that he only had the gold jewels of the appellant under his custody will not amount to suppression and misrepresentation before the Court that the appellant has taken the same while leaving the house in the pleadings and in the evidence and the decree obtained by the said is valid or liable to be set aside for playing fraud on

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