R.Arulsagayaraj vs Jacqueline Mary
2021 Latest Caselaw 5400 Mad

                                                                           C.M.P.(MD)No.5601 of 2018


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 01.03.2021

                                                     CORAM

                               THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                         C.M.P(MD)No.5601 of 2018
                                        in C.M.A(MD)SR.No.18764 of 2018

                      R.Arulsagayaraj                                        ... Petitioner
                                                        Vs.


                      Jacqueline Mary                                         ... Respondent

                      Prayer in C.M.P(MD)No.5601 of 2018 : This petition is filed under
                      Section 5 of the Limitation Act, to condone the delay of 154 days in
                      preferring a appeal before this Court as against the judgment passed by
                      the learned Principal District Court, Thanjavur, Thanjavur District in
                      I.D.O.P.No.108 of 2013, dated 12.10.2017.


                      Prayer in C.M.A(MD)SR.No.18764 of 2018: This Civil Miscellaneous
                      Appeal is filed under Section 55 of the Indian Divorce Act, to set aside
                      the order passed by the learned Principal District Court, Thanjavur,
                      Thanjavur District in I.D.O.P.No.108 of 2013 dated 12.10.2017.


                                  For Petitioner     : No Appearance
                                  For Respondent     : Mrs.J.Shakila




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                                                                               C.M.P.(MD)No.5601 of 2018




                                                        ORDER

This Civil Miscellaneous Petition has been filed to condone the

delay of 154 days in preferring the above appeal.

2.Today, when the matter is taken up for hearing, the learned

counsel appearing for the petitioner is not present. The facts of the case

is that the petitioner herein is the husband and the respondent herein is

the wife and the petitioner filed a divorce petition in I.D.O.P.No.108 of

2013 and the same was dismissed. Aggrieved over the same, the

petitioner filed appeal with a delay of 154 days.

3.The learned counsel appearing for the respondent would submit

that the petitioner filed the divorce petition with false allegations against

the respondent and there is no infirmity in the order passed by the Court

below. She would further submit that the respondent filed maintenance

petition in M.C.No.7 of 2016 and the same was ordered on 24.07.2017

and till date maintenance has not been paid and hence, she would pray

for dismissal of this petition.

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C.M.P.(MD)No.5601 of 2018

4.Considering the submissions of the learned counsel for the

respondent, I am not inclined to condone the delay. Unless the

maintenance is paid, the petitioner cannot prosecute the matter.

Accordingly, this petition is dismissed. In view of the order passed in

CMP(MD)No.5601 of 2018, the connected C.M.A.(MD)SR.No.18764 of

2018 is rejected at the SR stage itself. No costs.

01.03.2021

Index : Yes/No Internet : Yes/No gns 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.

To

1.The Principal District Court, Thanjavur, Thanjavur District.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.M.P.(MD)No.5601 of 2018

J.NISHA BANU,J

gns

C.M.P(MD)No.5601 of 2018 in C.M.A(MD).SR.No.18764 of 2018

01.03.2021

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