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2023 Supreme(Mad) 1151

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.CHANDRASEKHARAN, J.
Dr.Maheswari – Appellant
Versus
Ramesh Ramiah – Respondent
C.S.No.362 of 2011
Decided on : 22-02-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Bala Subramanian
For the Respondent: M/s. P.Meghana Nair

Headnote:

Civil Procedure Code, 1908 - Order VII Rule 1 - Order IV Rule 1 - Civil Suit - First plaintiff is a Doctor and second plaintiff, father of first plaintiff is an M.S.(Ortho.) and retired professor and Head of Department - He served as Vice Principal and Dean Medical College and Hospital - First plaintiff's mother is also a graduate - Held, There is no evidence produced in this case to show that the plaintiffs are responsible for publication of news items relating to criminal proceedings pending against defendants - Admittedly, criminal case in crime is still pending - Sufferings of first plaintiff at hands of first defendant is proved - On other hand, there is no evidence available to prove claim of Rs.1 crore as damages - When criminal case is still pending, court cannot come to conclusion that criminal case is a false case and therefore, defendants are to be paid damages for malicious prosecution - In this view of matter, Court finds that counter claim made for Rs.1 crore as damages in present suit, when a criminal case is still pending, is not maintainable and therefore, defendants are not entitled for the damages claimed - Dismissed.

JUDGMENT :

Prayer: This Civil Suit is filed under Order IV Rule 1 of the O.S.Rules r/w Order VII Rule 1 of Code of Civil Procedure, for a decree and judgment against the defendants as follows: (i) directing the defendants herein to pay to the plaintiffs, jointly and severally a sum of Rs.2,00,00,000/- by way of damages for having caused loss of reputation of the plaintiffs' family and traditional, professional and social status and also for having made defamatory statements against the plaintiffs and their family members and for causing huge mental stress, agony and annoyance to the plaintiffs and their family members; (ii) for a declaration declaring the exparte final decree of divorce obtained by the first defendant against the first plaintiff herein on 6th March, 2006 before the Circuit Court for the City of Alexandria, Virginia, United States in Chancery No.CH05003002 as ab initio void and tainted with illegality and not binding on the first plaintiff herein; (iii) Mandatory direction directing the defendants herein to return to the plaintiffs all the jewellery and other silver articles and valuables, within a time to be stipulated by this Court; (iv) Directing the defendants to pay the costs of this Suit.

This suit is filed for a decree and judgment against the defendants as follows:

    (i) directing the defendants herein to pay to the plaintiffs, jointly and severally a sum of Rs.2,00,00,000/- by way of damages for having caused loss of reputation of the plaintiffs' family and traditional, professional and social status and also for having made defamatory statements against the plaintiffs and their family members and for causing huge mental stress, agony and annoyance to the plaintiffs and their family members;

(ii) for a declaration declaring the exparte final decree of divorce obtained by the first defendant against the first plaintiff herein on 6th March, 2006 before the Circuit Court for the City of Alexandria, Virginia, United States in Chancery No.CH05003002 as ab initio void and tainted with illegality and not binding on the first plaintiff herein;

(iii) Mandatory direction directing the defendants herein to return to the plaintiffs all the jewellery and other silver articles and valuables, within a time to be stipulated by this Court;

(iv) Directing the defendants to pay the costs of this Suit.

2. The first plaintiff is a Doctor and the second plaintiff, father of the first plaintiff is an M.S.(Ortho.) and retired professor and Head of the Department of Orthopaedics. He served as the Vice Principal and Dean incharge of Thanjavur Medical College and Hospital at Thanjavur. The first plaintiff's mother Mrs.Abirami is also a graduate. Plaintiffs' relatives held high position in Government and other sectors. Plaintiffs' family was commanding a high status. Defendants were searching for a Doctor bride to get married to the first defendant. The negotiation for the marriage proposal between the plaintiffs' family and the defendants family was mediated by Dr.Panneerselvam and C.Ramasamy. Originally negotiation took place at the first plaintiff's grandfather's residence at plot no.1608, “J” Block, Anna Nagar West, Chennai. Defendants 4 & 5, the parents of Defendants 1 to 3, who are the permanent residents of Neelangarai near Chennai, came for negotiation. At the time of negotiation, first and fourth defendants demanded 300 sovereigns of gold jewellery, silver articles worth Rs.1,00,000/- and a Honda City Car. They imposed a further condition that the entire marriage expenses have to be borne by the first plaintiff's parents and that marriage should be celebrated in a grand manner.

3. In March 2004, the fourth and fifth defendants visited plaintiffs' residence at Thanjavur for further discussion. After a long drawn negotiation, it was agreed to provide 200 sovereigns of gold jewellery, silver articles worth Rs.1,00,000/- and Honda City Car, besides agreeing to bear the entire marriage expenses. When betrothal function was held on 22.

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