Madras High Court
Johnson Rajkumar vs Savariammal on 28 February, 2022
C.M.A. (MD) No. 726 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2022
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A. (MD) No. 726 of 2021
Johnson Rajkumar ... Appellant / Petitioner
Vs.
Savariammal ... Respondent / Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 55 of the Indian
Divorce Act against the order and decreetal order dated 20.04.2021 made in
I.D.O.P. No. 84 of 2021 on the file of the III Additional District Judge,
Thanjavur at Pattukottai.
For Appellant : Mr.P.Santhoshkumar
For Respondent : Mr.V.Sasi Kumar
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C.M.A. (MD) No. 726 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed as against the
order and decreetal dated 28.04.2021 passed in I.D.O.P. No. 84 of 2020 by
the III Additional District Court, Thanjavur at Pattukottai.
2. By consent of both parties, this Civil Miscellaneous Appeal is
taken up for final disposal. The parties are referred to as per their ranks
before the Trial Court.
3. The petitioner / husband filed a petition in I.D.O.P. No.14 of
2019 before the learned Prinicipal District Judge, Pudukottai, for dissolution
of marriage, on the ground of cruelty. Thereafter, the respondent / wife has
filed Transfer Civil Miscellaneous Petition to transfer the said I.D.O.P.
No.14 of 2019 to the learned III Additional District Judge, Thanjavur at
Pattukottai before this Court. This Court, on 30.04.2019, transferred the said
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C.M.A. (MD) No. 726 of 2021
IDOP to the learned III Additional District Judge, Thanjavur at Pattukottai.
It was re-numbered as I.D.O.P. No. 84 of 2020. However, the respondent /
wife has not appeared before the Court and hence, she was set ex-parte.
4. The learned III Additional District Judge, Thanjavur at
Pattukottai has dismissed I.D.O.P. No. 84 of 2020 on the ground that no
necessary document was filed to substantiate the plea towards medical
expenses of the fertility.
5. The learned counsel for the appellant / husband would contend
that the respondent / wife has not appeared before the trial Court and hence,
she was set ex-parte.
6. No document has been filed to establish the claim of the
appellant. However, after transfer of the said I.D.O.P to the Pattukottai
Court, the respondent was not served with any notice. Hence, in order to
give an opportunity to the respondent / wife and the petitioner / husband to
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C.M.A. (MD) No. 726 of 2021
agitate the case on merits, this Civil Miscellaneous Appeal is allowed on
payment of cost for a sum of Rs.5,000/- (Rupees Five Thousand Only) to
the learned counsel for the respondent / wife, at Madurai. The said amount
is to be paid within a period of three weeks from the date of receipt of a
copy of this order. The order passed in I.D.O.P. No. 84 of 2020 dated
28.04.2021 is set aside and the matter is remitted back to the learned III
Additional District Judge, Thanjavur, Pattukottai to dispose of the case on
merits within a period of three weeks by giving an opportunity. The
respondent / wife is at liberty to file counter statement and other documents.
It is open to both sides to file documents at their choice and the trial is to be
completed within a period of three months from the date of receipt of a copy
of this order.
28.02.2022
Index : Yes / No
Speaking Order : Yes / No
vji
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C.M.A. (MD) No. 726 of 2021
To
The III Additional District Court,
Thanjavur,
Pattukottai.
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C.M.A. (MD) No. 726 of 2021
RMT.TEEKAA RAMAN,J.
vji
C.M.A. (MD) No. 726 of 2021
28.02.2022
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