T.Arulraj vs A.Shyamala
2021 Latest Caselaw 2328 Mad

                                                                            C.M.A(MD)No.1000 of 2016


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED: 02.02.2021


                                                   CORAM:
                      THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                             AND
                           THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

                                        C.M.A(MD)No.1000 of 2016
                                                  and
                                        C.M.P(MD)No.8999 of 2016


                    T.Arulraj                    ... Appellant/Respondent

                                                   Vs.

                    A.Shyamala                   ... Respondent/Petitioner


                    Prayer: Civil Miscellaneous Appeal filed under Section 55 of the
                    Divorce Act, against the decree and order, dated 29.04.2016 passed in
                    I.D.O.P.No.56 of 2014 on the file of the Family Court, Madurai.


                                For Appellant            : Mr.S.Malaikani

                                For Respondent           : Mr.B.Saravanan




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                                                                                     C.M.A(MD)No.1000 of 2016



                                                         JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.)

This Civil Miscellaneous Appeal is directed against the order,

dated 29.04.2016, passed in I.D.O.P.No.56 of 2014 on the file of the

Family Court, Madurai.

2.When the matter is taken up for hearing today, the learned

counsel appearing for the respondent submitted that the

respondent/wife had re-married one Pravin, subsequent to the grant

of divorce and he has also filed a memo to that effect, which is as

follows:-

“It is submitted that the appellant herein has preferred the above Civil Miscellaneous Appeal challenging the fair and decreetal order of divorce granted by the Hon'ble Family Court, Madurai, in I.D.O.P.No.56 of 2014 dated 29.04.2016. Subsequent to the grant of divorce, marriage between the respondent/wife herein and one Pravin was soleminzed on 30.11.2017 and a male child by name Johan Paul is born out of that wedlock. The aforementioned facts are brought to the notice of this Court.”

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C.M.A(MD)No.1000 of 2016

3.The learned counsel appearing for the appellant also submitted

that the respondent re-married one Pravin on 30.11.2017 and the

appellant/husband also is said to have re-married, after the decree for

dissolution was passed and submitted that nothing remains to be

adjudicated further in this Civil Miscellaneous Appeal.

4.Recording the same, this Civil Miscellaneous Appeal is

dismissed as infructuous. No costs. Consequently, connected

Miscellaneous Petition is closed.

                                                                 [P.S.N.,J]    [S.K.,J.]
                                                                      02.02.2021
                    Index       :Yes/No
                    Internet    :Yes/No
                    ps


                    Note :

                    In view of the present lock
                    down owing to COVID-19
                    pandemic, a web copy of the
                    order may be utilized for
                    official     purposes,    but,

ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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C.M.A(MD)No.1000 of 2016

PUSHPA SATHYANARAYANA,J.

and

S.KANNAMMAL,J.

ps

To

1.The Judge, Family Court, Madurai.

2.The V.R Section (Records), Madurai Bench of Madras High Court, Madurai.

C.M.A(MD)No.1000 of 2016

02.02.2021

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