Madras High Court
Nirmala Ezhilrani vs Udayakumar on 21 January, 2022
CMA.(MD)Nos.755 & 737 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 21.01.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA.(MD)Nos.755 & 737 of 2017
and
CMP.(MD)No.8113 of 2017
Nirmala Ezhilrani ... Appellant in both CMAs.
Vs.
Udayakumar ... Respondent in both CMAs.
Common Prayer : Civil Miscellaneous Appeal filed under Section 55
of the Divorce Act, 1869 r/w Section 96 CPC., 1908, to set aside the
judgment and decree dated 13.03.2017 made in IDOP.No.9 of 2010
and IDOP.No.16 of 2014 on the file of the Additional District and
Sessions Court, Theni at Periyakulam.
For Appellant : Mr.V.Georgeraja,
(in both CMAs.) for M/S.Ajmal Associates.
For Respondent : Mr.K.Appadurai
(in both CMAs.)
COMMON JUDGMENT
The appellant filed these appeals to set aside the udgment and
decree dated 13.03.2017 made in IDOP.No.9 of 2010 and IDOP.No.16
https://www.mhc.tn.gov.in/judis
CMA.(MD)Nos.755 & 737 of 2017
of 2014 on the file of the Additional District and Sessions Court, Theni
at Periyakulam.
2.The facts of the case are that on 24.05.1995 the marriage of
the appellant and the respondent was solemnized as per Christian
customs and they got two female children. Due to some matrimonial
dispute, the appellant left the matrimonial home along with the
children. Hence, the respondent/husband filed a petition in IDOP.No.9
of 2010 for restitution of conjugal rights and the appellant/wife filed a
petition for divorce in IDOP.No.16 of 2014.
3.The petition filed by the respondent/husband was allowed and
three months time was also given for reunion. However, till today, no
steps have been taken by both the parties for reunion. Against which
CMA.(MD)No.755 of 2017 came to be filed. Since the petition for
restitution of conjugal rights was allowed, the petition filed by the
appellant/wife came to be dismissed. Against which, CMA.(MD)No.
737 of 2017 came to be filed.
4.It is seen that both the husband and wife are living separately
from year 2008. Even after an order of restitution of conjugal rights,
no steps have been taken by both parties to reunion. The children
also in the custody of the mother. Both the parties agreed that there
https://www.mhc.tn.gov.in/judis
CMA.(MD)Nos.755 & 737 of 2017
is no chance for reunion. On perusing of the documents and
evidence, this Court also finds that there is no chance for reunion.
Hence, the marriage has to be dissolved.
5.With this observation, these civil miscellaneous appeals are
allowed by setting aside the orders in IDOP.No.9 of 2010 and IDOP.No.
16 of 2014 dated 13.03.2017 and the marriage of the parties is hereby
dissolved. No costs. Consequently, connected miscellaneous petition
is closed.
21.01.2022
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
The Additional District and Sessions Court,
Theni at Periyakulam.
https://www.mhc.tn.gov.in/judis
CMA.(MD)Nos.755 & 737 of 2017
S.ANANTHI,J
gns
CMA.(MD)Nos.755 & 737 of 2017
21.01.2022
https://www.mhc.tn.gov.in/judis
