MEGANATHA NAYAGAR Vs. SHRIMATHI SUSHEELA

JUDGEMENT

(1.) THIS is an appeal preferred against the order made by the learned Principal City civil Judge of Madras in C. M. P. No. 655 of 1955 in O. P. No. 192 of 1935.

(2.) THE facts are:-- The petitioner, Srimathi Susheela, is the only daughter of a well-to-do Vanniakula Kshatriya by name Sri P. M. Manthiappa Nayagar, residing at no. 19, Egmore High Road, Madras. The respondent, Sri V. B. Meganatha Nayagar, is the only son of another well-to-do Vanniyakula Kshatriya, Sri Bhoopathi Nayagar residing at Mohana Vilas, No. 5, Konnur High Road, Madras. There is no dispute that a marriage was arranged and took place between the petitioner and the respondent on the forenoon of 7-7-1955,

(3.) IT is the case for the petitioner that oft the afternoon of 7-7-1955 the bride's party came to know that this respondent has gone through a form of marriage with a Harijan girl by name Chandramathi and that a son was born to this respondent by that Chandramathi. This petitioner's case is that on coming to know of this shocking fact fraudulently kept out of her knowledge herself and her relatives came away without the marriage being consummated. On the other hand, the case for this respondent is that there was a love affair and not a regular marriage between himself and Chandramathi who has borne him a son and that this fact was taken to the notice of the petitioner's father before marriage and that notwithstanding that, the marriage took place by consent of parties and that this marriage was consummated before the petitioner and her party left his house at midnight of the marriage day.