B. Vijaya @ Vijayalakshmi vs R. Balakrishnan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2049

J. NISHA BANU, R. SAKTHIVEL
B. Vijaya @ Vijayalakshmi – Appellant
Versus
R. Balakrishnan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.C.Munusamy, Mr.D.Shanmugavel
For the Respondent: Mr.D.Shanmugavel, Mr.C.Munusamy

JUDGMENT :

R.SAKTHIVEL, J.

PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984 praying to set aside the Judgment and Decree dated November 7, 2017 made in H.M.O.P.No.1445 of 2015 on the file of the Principal Family Court, Coimbatore.

PRAYER: Cross Objection filed under Order 41 Rule 22 of Code of Civil Procedure, 1908 praying to set aside the Judgment and Decree dated November 7, 2017 made in H.M.O.P.No.1445 of 2015 on the file of the Principal Family Court, Coimbatore.

These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them.

2. For the sake of convenience, henceforth, the parties will be referred to as per their array before the Family Court.

PETITIONER’S CASE:

3. The marriage between the petitioner - Wife and the respondent - Husband was solemnized on August 28, 1998 in accordance with Hindu religious rites and customs. In their wedlock, the