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MADRAS. O.P No. 445 of 2021 · High Court

MADRAS. O.P No. 445 of 20212 min read

Case at a glance

Order date
17 Dec 2025

Judgment

D/o.Mr.D.Dhanaraj, residing at No.G9, Orchards RC Woodside, Moorthy Nagar, Main Road, Thirumullaivoyal, Chennai – 600 062. Cross Examination by Mr.P.G.Thiyagu (Enrl. No.2295/2005), Counsel for the Respondent. ............... SOLEMNLY AFFIRMED : Q: When you both decided to get married you followed different faiths, is it correct? A: Yes. Q: I put it to you that you are a follower of christianity and the respondent is athiest? A: Yes. Q:Despite that your marriage was administered with Suyamariyaathai 2 Thirumanam procedure. Is it correct? A:Yes. Q:Under which Act your marriage was solemnised? A:Under the Tamil Nadu Registration Act. Q:Did you solemnise your marriage under Christian Marriage Act? A:No. Q: After the marriage where did you started living? A:At Velachery. Q:That marriage was accepted by your mother or consented by your mother? A:Yes. Q:Did your mother mark her presence in the marriage? A:Yes. 3 Q:(Proof affidavit is shown to the witness) The statement made by you in Page 3 of Para 4 stating that “as for his sexual and casteist slurs on my family members, it's a blatant lie when he says he never used them” these contents are does not form part of pleadings in G.W.O.P. Is it correct?

A:Yes. (Counsel for the petitioner raised objection that the averments are found in common reply affidavit filed in the application and Original petition). After raising of objection by the counsel witness adds: It is there we used the terms derogatory language casteist slurs words only the Tamil words were not exactly spoken in the reply. Q:(Ex.P2 is shown to the witness) Is this the document marked by you as Ex.P2? A:Yes. Q:Is it correct to say that this is the first legal notice issued by you to the respondent through your counsel? A:Yes. Q:Can you peruse the said document and say that the derogatory marks you 4 have stated above are found place in Ex.P2? A:No. It is not found. Q:Is it correct to state that Ex.P2 only conveys the differences between you and the respondent and asking him to give consent for mutual divorce? A:Yes. Witness adds: Ex.P2 speaks not only the difference between us and it also states great agony and cruelty to me.

Q:I put it to you that neither the first notice nor the G.W.O.P contains nothing about the allegations stated in the reply and proof affidavit? A:I deny. 5 Q:I put it to you that these are all set of allegations made by you with a afterthought after the memo of compromise recorded before the court and that will not sustain? A:I deny. TIME : 3.50 P.M. Taken down in open court, read over and the same is admitted by the witness to be correct and signed before me. SR MASTER

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