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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. N. Sathish Kumar, J
Chinnapaiyan S/o. Marimuthu – Appellant
Versus
Periyaponnu W/o. Chinnapaiyan – Respondent
| Table of Content |
|---|
| 1. discussion on the nature of joint and individual properties. (Para 5 , 12 , 15) |
| 2. decree on maintenance based on husband's duty. (Para 8 , 36 , 38) |
COMMON JUDGEMENT
A.S. No. 211 of 2022 has been filed by the defendant challenging the judgment and decree granting a preliminary decree for a partition of one-half share in respect of suit Item No. 3 in favour of the 2nd plaintiff and maintenance at the rate of Rs. 4,000/- per month from the date of plaint, while Cross Objection No. 96 of 2022 has been filed by the plaintiffs challenging the dismissal of the suit for the part of their claim for partition in respect of suit Item Nos. 1 and 2.
2.1 The appellant in A.S.No.211 of 2022 and the respondent in the Cross Objection No.96 of 2022 is the defendant, and the respondents in A.S.No.211 of 2022 and the appellants in Cross Objection No.96 of 2022 are the plaintiffs in the suit.
2.2 The parties in the appeal and cross objection will now be referred to according to their array in the litigation for convenience and to prevent misunderstandings.
3.0 The plaintiffs pleaded in their plaint as follows:-
3.1 The plaintiffs are the wife and daughter of the defendant. The 1st plainti
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