Mary Babu vs Maria Lawrence
2022 Latest Caselaw 15752 Mad

                                                                                  C.M.A.(MD)No.1194 of 2012

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  Dated : 26.09.2022

                                                       CORAM

                                  THE HONOURABLE MRS. JUSTICE R. THARANI

                                             C.M.A.(MD)No.1194 of 2012

            Mary Babu                                                  .. Appellant / Petitioner
                                                          Vs.
            Maria Lawrence                                             .. Respondent / Respondent


            Prayer: This Civil Miscellaneous Appeal is filed under Section 55 of Indian Divorce
            Act, to call for the records in I.D.O.P.No.54 of 2006, on the file of the District Judge,
            Kanyakumari at Nagercoil, dated 20.10.2009.


                            For Appellant                : Mr.A.Balakrishnan
                            For Respondent               : Mr.D.Saravanan

                                                   JUDGMENT

This Civil Miscellaneous Appeal has been filed against the order passed in

I.D.O.P.No.54 of 2006, on the file of the District Judge, Kanyakumari at Nagercoil,

dated 20.10.2009.. The appellant herein is the petitioner and the respondent herein is

the respondent in the original Petition.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1194 of 2012

2. Both sides present.

3. On the side of the respondent, it is stated that the respondent is dead.

Death certificate is also filed.

4. On the side of the appellant, it is stated that alimony for the wife was

deposited before the lower Court and prayed for permission to withdraw the same.

5. The request of the appellant's counsel is reasonable. In view of the

same, the appellant / wife is permitted to withdraw the amount deposited by the

respondent / husband.

6. Since the respondent-husband is dead, nothing survives for further

adjudication. Hence, this Appeal is dismissed as infructuous. No costs.

                                                                                          26.09.2022
            Index    : Yes/No
            Internet : Yes/No
            Ls

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 C.M.A.(MD)No.1194 of 2012

To

1.The District Judge, Kanyakumari at Nagercoil,

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1194 of 2012

R. THARANI, J.

Ls

Judgment made in C.M.A.(MD)No.1194 of 2012

26.09.2022

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