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2021 Supreme(Online)(MAD) 41574

HIGH COURT OF MADRAS
Hon`ble Mr Justice M. NIRMAL KUMAR
ELIZAETH JOHN – Appellant
Versus
DAISY LYDIA – Respondent


ORDER

This petition has been filed to call for the records of the case pending trial in C.C.No.14139 of 2008 on the file of the learned V Metropolitan Magistrate, Egmore Chennai and quash the same.

2. On a private complaint filed by the respondent/complainant a case is registered against the petitioner/accused in C.C.No.14139 of 2008 for the offence under Sections 499 & 500 IPC. The respondent is married to one M.Samuvel and out of their marriage, two children are born viz., Johannes Finney and Jonna Cherub.

3. The contention of the petitioner is that the petitioner is the legally wedded wife of Late M.J.John. They got married on 21.07.1983 at Egmore Wesley Church and their marriage was registered. Out of the wedlock, they have two sons namely, Dennie John born on 28.04.1985 and Robbie John born on 01.07.1988. The petitioner's husband developed intimacy with Daisy Lydia, the respondent herein, which was disputed by both of them. The petitioner on coming to know about the illegal affair filed a divorce petition in O.P.No.133 of 2009, which is pending before the Family Court, Chennai. In the divorce proceedings, she filed proof affidavit, reiterating the illicit relationship and develo

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