ALPHONSE Vs. S DHARMARAJ

JUDGEMENT

(1.) C.M.A. No.1397 of 1996 is the petitioner's appeal against the dismissal of O.P. No.16 of 1993 filed by her for judicial separation. C.M.A. No.1398 of 1996 is an appeal filed by the plaintiff/ wife against the dismissal of the suit O.S.No. 25 of 1996 for a decree to cancel the deeds executed by her in favour of her husband and for return of the jewels and money. C.M.A. No.1399 of 1996 is filed by the respondent/ wife in O.P. No.24 of 1992 against the order passed restoring the conjugal rights in favour of the husband.

(2.) ALL the three matters were decided by a common judgment dated 30.6.1994 by the Family Court Judge at Pondicherry.

(3.) THE Family Court framed two issues in the suit for consideration, namely whether the three deeds were executed under coercion and threat to life and if they are to be cancelled and whether there was entrustment of the jewels to the respondent and if the appellant is entitled to recover the same. THE learned Judge answered the issues in favour of the respondent and held that the appellant had not proved that the documents were obtained under undue influence and that there was any entrustment of 150 sovereigns of jewels and accordingly dismissed the suit. THE learned Judge allowed O.P. No.24 of 1992 for restitution of conjugal rights on the finding that there was no ill-treatment and that the appellant has got a duty to go and live with the respondent for the benefit and welfare of the children. THE learned Judge also dismissed the application for judicial separation. He had found that the appellant has not proved the allegation of cruelty.