Madras High Court
Dharmalingam vs Dhanavalli on 1 April, 2022
CMSA.Nos.26 & 27 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2022
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
Civil Miscellaneous Second Appeal Nos.26 & 27 of 2006
Dharmalingam ... Appellant in
both appeals
..Vs..
Dhanavalli ... Respondent in CMSA
No.26 of 2006
1. Minor Arulraj
2. Minor Aalya
3. Minor Balaji
Minors are represented by their
next fried mother & guardian
Dhanavalli ... Respondents in CMSA
No.27 of 2006
Prayer: These Civil Miscellaneous Second Appeals have been filed under
section 100 of the Code of Civil Procedure read with Section 24 [1] of
Hindu Marriage Act against the judgment and decree of the learned District
Judge, Perambalur dated 30.06.2005 made in C.M.A.Nos.6 & 7 of 2004
confirming the Judgment and decree of the Subordinate Judge, Ariyalur
dated 01.12.2003 made in H.M.O.P.No.46 of 1993 & M.C.No. 6 of 1994.
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CMSA.Nos.26 & 27 of 2006
For Appellant : M/s.Sarvabhauman Associates
COMMON JUDGMENT
Challenging the judgment and decree of the learned District Judge,
Perambalur dated 30.06.2005 made in C.M.A.Nos.6 and 7 of 2004
confirming the Judgment and decree of the Subordinate Judge, Ariyalur
dated 01.12.2003 made in H.M.O.P.No.46 of 1993 and M.C.No.6 of 1994
the present Civil Miscellaneous Second Appeals have been filed.
2. Originally the appellant herein has filed H.M.O.P.No.46 of 1993
to declare that the the marriage between the appellant and the respondent
solemnied on 16.06.83 as null and void and the respondent filed a petition
praying maintenance for the children in Maintenance case in M.C.No.6 of
1994. The trial Court, after considering the oral and documentary evidence
of both the parties, dismissed the petition for divorce and directed the
appellant to pay maintenance to their three minor children at Rs.500/- each
totally Rs.1500/- before 10th of every month from the date of the petition.
Against which, the appellant has filed appeals in C.M.A.No.6 of 2004 and
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CMSA.Nos.26 & 27 of 2006
and C.M.A.No.7 of 2004 and the first appellate Court dismissed both the
appeals confirming the findings of the trial Court. Challenging the same,
the present Second Appeals have been filed.
3. When the matter came up for hearing on 25.03.2022, it was
represented that maintenance ordered by the Court below was not paid to
the first respondent's children and this Court directed the appellant to settle
the entire maintenance amount to the children and adjourned the matter to
01.04.2022.
4. It is unfortunate that when the matter listed today and taken up,
none appeared for the appellant. The learned counsel for the respondents
was not able to ascertain any instruction from the respondents. Therefore,
these Civil Miscellaneous Second Appeals are dismissed for non
prosecution. No costs.
01.04.2022
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CMSA.Nos.26 & 27 of 2006
Index:yes/no
Internet:yes
To
1. The District Judge, Perambalur.
2. The Subordinate Judge, Ariyalur.
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CMSA.Nos.26 & 27 of 2006
J.NISHA BANU, J.
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Civil Miscellaneous Second Appeal Nos.26 & 27 of 2006
01.04.2022
https://www.mhc.tn.gov.in/judis
