S RAMILA Vs. E SRINIVASAN

JUDGEMENT

(1.) These appeals are filed by the appellant questioning the correctness and validity of the decree of divorce granted by the Family Court, Salem on 27.06.2011 in FCOP No.82 of 2008, which was filed by the respondent herein/husband. While C.M.A. No. 3294 of 2011 was filed by the appellant as against the decree of divorce granted by the Family Court, C.M.A. No. 102 of 2013 was filed questioning the quantum of permanent alimony granted by the Family Court.

(2.) The averments made in F.C.O.P. No. 82 of 2008 filed by the respondent/husband for dissolution of the marriage are as under:-

(3.) (I) The Original Petition filed by the respondent in F.C.O.P. No. 82 of 2008 was resisted by the appellant by filing a counter affidavit contending inter alia that the FCOP No. 82 of 2008 filed by the respondent is not maintainable. According to the appellant, already, the respondent has filed FCOP No. 25 of 1986 for dissolution of the marriage on the ground of desertion and it was allowed on 05.10.1988. Aggrieved by the same, the appellant filed C.M.A. No. 49 of 1988 before the I Additional District Court, Salem and it was allowed on 26.11.1991 setting aside the decree of divorce granted by the trial Court. As against the Judgment dated 26.11.1991, the respondent has filed C.M.S.A. No. 37 of 1992 before this Court and it was dismissed on 08.01.1999. Thus, the attempt on the part of the respondent to get the marriage solemnised between him and the appellant dissolved reached a finality by virtue of the Judgment dated 08.01.1999 passed by this Court in C.M.S.A. No. 37 of 1992. While so, according to the appellant, the present Petition in F.C.O.P. No. 82 of 2008 which was filed on the ground of desertion and cruelty is hit by the principles of res judicata and not maintainable.