Vijiyalakshmi vs Saravanan
2021 Latest Caselaw 5629 Mad

                                                                                CMA No.2222/2017

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 03.03.2021

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE T.RAJA
                                                and
                            THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                               CMA.No.2222 of 2017


                      Vijiyalakshmi                                    ... Appellant

                                                          -vs-
                      Saravanan                                        ... Respondent


                             Civil Miscellaneous Appeal filed against the order and decree dated

                      20.02.2017 made in HMOP.No.1267/2013 by the learned Principal Judge,

                      Family Court, Coimbatore.


                                         For Appellant     : No appearance

                                         For Respondent    : Mr.D.Gopal




                                                     JUDGMENT

http://www.judis.nic.in CMA No.2222/2017

(Judgment of the Court was pronounced by T.RAJA, J.)

The Civil Miscellaneous Appeal has been directed against the order

and decree dated 20.02.2017 passed in HMOP.No.1267/2013 by the learned

Principal Judge, Family Court, Coimbatore, thereby declining to grant

divorce to the appellant-wife on the ground of cruelty.

2. The Civil Miscellaneous Appeal has been admitted on

25.07.2017. Thereafter, it appears that no steps have been taken by the

appellant-wife to prosecute the matter.

3. In this regard, a perusal of the Notes Paper would reveal that

even before us, when the matter was called on 04.02.2021, there was no

representation on behalf of the appellant-wife. Therefore, the matter was

directed to be listed next week under the caption, 'for dismissal'. Thereafter,

on 16.02.2021, when the matter was called, even on that date also, there

was no representation on behalf of the appellant. However, learned Counsel

for the respondent-husband seeks time to get instructions from his client as

to whether to prosecute the appeal or not. Hence, the matter was once again

http://www.judis.nic.in CMA No.2222/2017

adjourned to 03.03.2021 and directed to be listed under the caption, 'for

dismissal'. Even today i.e. on 03.03.2021, when the matter was called,

neither the appellant nor her Counsel was present before this Court to get

along with the matter. But, the learned Counsel for the respondent was

present. It clearly shows that the appellant is not interested in prosecuting

the matter further.

4. In the result, the Civil Miscellaneous Appeal fails and the same is

accordingly dismissed for non-prosecution. No costs.

                                                                   (T.R.J.,)      (G.C.S.J.,)

                                                                        03.03.2021

                      tsi



                      To

Principal Judge, Family Court, Coimbatore.

http://www.judis.nic.in CMA No.2222/2017

T.RAJA, J.

and G.CHANDRASEKHARAN,J.

tsi

CMA.No.2222/2017

03.03.2021

http://www.judis.nic.in