S.Muthiayyan vs Sundara Rajeswari
2021 Latest Caselaw 2323 Mad

                                                                             CMSA No.38 of 2001

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 02-02-2021

                                                         CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                    CMSA No.38 of 2001


                     S.Muthiayyan                                  .. Appellant

                                                           vs.


                     Sundara Rajeswari                             .. Respondent



                     PRAYER : Civil Miscellaneous Second Appeal is preferred under Section
                     28 of Hindu Marriage Act read with Section 100 of the Code of Civil
                     Procedure against the judgment and decree dated 24.01.2000 made in CMA
                     No.250 of 1999 on the file of the learned Principal District Judge,
                     Nagapattinam, confirming the order and decree dated 22.06.1999 made in
                     HMOP No.46 of 1997 on the file of the learned Principal Subordinate
                     Judge, Nagapattinam.


                                   For Appellant             : Mr.K.R.Rameshkumar

                                   For Respondent            : Mr.V.Raghavachari


                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                                   CMSA No.38 of 2001




                                                      JUDGMENT

The unsuccessful husband in a petition for dissolution of marriage

has preferred the present Civil Miscellaneous Second Appeal.

2. The appellant filed HMOP for divorce, which was dismissed by

the Trial Court, so also by the first Appellate Court.

3. It is brought to the notice of this Court that both the appellant

and the respondent are not living together and they are living separately for

many number of years.

4. In view of the fact that there is no scope for reunion and

resumption of matrimonial home, no further adjudication needs to be

entertained. Even otherwise, it is stated that the appellant is aged about

more than 60 years and both the Courts have declined to grant dissolution of

marriage.

https://www.mhc.tn.gov.in/judis/ CMSA No.38 of 2001

5. Beyond the fact that the spouses are living separately for long

years, the substantial question of law raised in the present Civil

Miscellaneous Second Appeal relates to the facts, which cannot be

construed as a substantial question of law, so as to adjudicate the present

Civil Miscellaneous Second Appeal on hand and on both these grounds, the

Civil Miscellaneous Second Appeal deserves to be rejected.

6. Learned counsel appearing on behalf of the appellant made a

submission that long separation is also a ground for dissolution of marriage.

However, those factual aspects cannot be adjudicated in the present Civil

Miscellaneous Second Appeal, as the substantial questions of law raised are

relatable to the factual matrix of the case.

7. Thus, this Court is not inclined to consider those factual

aspects and the spouses are living separately may be a good ground and the

same cannot be considered at this length of time for the purpose of grant of

dissolution of marriage, as the divorce petition filed by the husband was

dismissed by the Trial Court as well as by the first Appellate Court. Thus,

https://www.mhc.tn.gov.in/judis/ CMSA No.38 of 2001

CMSA No.38 of 2001 stands dismissed. However, there shall be no order as

to costs.

02-02-2021 Speaking Order/Non-Speaking Order. Internet : Yes/No.

Index: Yes/No.

Svn

https://www.mhc.tn.gov.in/judis/ CMSA No.38 of 2001

To

1.The Principal District Judge, Nagapattinam.

2.The Principal Sub Judge, Nagapattinam.

https://www.mhc.tn.gov.in/judis/ CMSA No.38 of 2001

S.M.SUBRAMANIAM, J.

Svn

C.M.S.A.No.38 of 2001

02-02-2021

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