Amutha vs Russel
2021 Latest Caselaw 23458 Mad

                                                           1

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 30.11.2021

                                                       CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                              C.M.S.A(MD)No.4 of 2014
                  Amutha                                   ... Appellant/Appellant/Petitioner

                                                          vs.

                  Russel                                 ... Respondent/Respondent/Respondent

                  PRAYER :Appeal filed under Section 28 of Hindu Marriage Act r/w Section
                  100 of Civil Procedure Code, to call for the records of the lower Courts, set
                  aside the order and decreetal order passed by the learned District Judge,
                  Nagercoil on 26.09.2013 passed in C.M.A.No.7 of 2011 confirming the order
                  and decreetal order passed by the learned Subordinate Judge, Kuzhithurai on
                  06.09.2010 passed in H.M.O.P.No.3 of 2006 and allow this Appeal with
                  Costs.


                                  For Appellants     : Mr.T.Selvakumaran
                                  For Respondent     : Mr.S.C.Herold Singh


                                                      JUDGMENT

This appeal has been filed to set aside the order and decreetal order,

dated 26.09.2013 in C.M.A.No.7 of 2011 passed by the learned District

Judge, Nagercoil, confirming the order and decreetal order passed by the https://www.mhc.tn.gov.in/judis

learned Subordinate Judge, Kuzhithurai on 06.09.2010 passed in

H.M.O.P.No.3 of 2006.

2.The appellant/petitioner has filed a petition in H.M.O.P.No.3 of 2006

under Section 13(1)(ia) of the Hindu Marriage Act, to dissolve the marriage

and the same was dismissed on 06.09.2010. Against the dismissal order, the

appellant/petitioner has preferred an appeal in C.M.A. No.7 of 2011 on the

file of the learned District Court, Nagercoil and the same was also dismissed

on 26.09.2013. Aggrieved over the concurrent findings, this

appellant/petitioner is before this Court.

3.Heard on either side. Perused the material documents available on

record.

4.The appellant/petitioner has preferred an appeal in C.M.A. No.7 of

2011 before the learned District Judge, Nagercoil against the order, dated,

06.09.2010 in H.M.O.P.No.3 of 2006 passed by the learned Subordinate

Judge, Kuzhithurai, and the same was dismissed on 26.09.2013. Aggrieved

by the dismissal order, the appellant is before this Court.

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

5.The relationship between the petitioner and respondent is admitted.

Eventhough, restitution of conjugal rights given to the respondent in his

petition in H.M.O.P.No.25 of 2003 both of them living separately for the past

22 years. Therefore, there is no chance of living together.

6.Considering the facts and circumstances of the case, this Court is

inclined to allow the present appeal.

7.Accordingly, this Civil Miscellaneous Second Appeal is allowed by

setting aside the fair and decreetal order, dated 26.09.2013 in C.M.A.No.7 of

2011 passed by the learned District Judge, Nagercoil, confirming the order,

dated 06.09.2010 in H.M.O.P.No.3 of 2006 passed by the learned

Subordinate Judge, Kuzhithurai. Liberty is granted to the respondent to file a

restoration petition before the appropriate forum. No Costs. Consequently,

connected miscellaneous petition is closed.

                  Index :Yes/No                                                 30.11.2021
                  Internet:Yes/No
                  ksa

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

To

1.The District Court, Nagercoil.

2. The Subordinate Court, Kuzhithurai.

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

S.ANANTHI, J.

ksa

Order made in C.M.S.A(MD)No.4 of 2014

30.11.2021

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