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2023 Supreme(Mad) 1129

N. SATISH KUMAR
S. Aravind Peace Adhiban – Appellant
Versus
P. S. Minni Starina Evangelin – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajkumar Paul.
For the Respondent: K. Althaf Sheriff.

JUDGMENT :

N. SATISH KUMAR, J.

Prayer: Civil Miscellaneous Appeal filed under Section 55 of the Indian Divorce Act against the fair and decretal order made in I.A.No. 4 of 2021 in I.D.O.P.No. 150 of 2019, dated 25.08.2022, on the file of the Principal District Court at Tirunelveli.

1. This Civil Miscellaneous Appeal is filed against the order passed by the Principal District Judge, Tirunelveli rejecting the application filed by the appellant for initiating the proceedings under Section 340 of the Criminal Procedure Code, for the alleged perjury.

2. The main ground on which the said application filed is that when the appellant has filed I.D.O.P for divorce before the Family Court, Thanjavur in I.D.O.P.No. 101 of 2007, the respondent took a stand that she lived with her husband only in Vellur and Thoothukudi. Based on the above stand, the appellant filed I.D.O.P for divorce before the Court of Vellore and subsequently, the above said case has been transferred to the file of Principal District Judge, Tirunelveli and numbered as I.D.O.P.No. 150 of 2019. In the meanwhile, the respondent also filed an application under the Domestic Violence Act before the Judicial Magistrate Court, Tirunelve

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