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2023 Supreme(Online)(Mad) 97958

MADRAS HIGH COURT
DR.MAHESWARI – Appellant
Versus
RAMESH RAMIAH AND 4 OTHERS – Respondent
CS 362 2011



C.S.No.362 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 08.11.2022

PRONOUNCED ON : 22.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN

C.S.No.362 of 2011

1.Dr.Maheswari

2.Dr.A.Navaneethan

...

Plaintiffs

vs.

1.Ramesh Ramiah

2.Kalpana Ramiah

3.Senthilkumar Ramiah

4.Muthu Vijayan Ramiah

5.Sakunthala Ramiah

...

Defendants

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,

1/79

https://www.mhc.tn.gov.in/judis

C.S.No.362 of 2011

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.

For Plaintiffs

: Mr.M.Bala Subramanian

For Defendants

: M/s.P.Meghana Nair

J U D G M E N T

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

2/79

https://www.mhc.tn.gov.in/judis

C.S.No.362 of 2011

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 in-

charge 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

3/79

https://www.mhc.tn.gov.in/judis

C.S.No.362 of 2011

Nagar West, Chennai. Defendants 4 & 5, the parents of Defendants 1 to 3,

who are the permanent residents of Neelangar

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