B.Divya vs S.Bala Senthil Ganesh
2023 Latest Caselaw 15159 Mad

Madras High Court

B.Divya vs S.Bala Senthil Ganesh on 28 November, 2023

                                                                           C.M.S.A.(MD)No.17 of 2020


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 28.11.2023

                                                   CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                            C.M.S.A.(MD)No.17 of 2020



                    B.Divya                                                ... Appellant


                                                       Vs.

                    S.Bala Senthil Ganesh                                  ... Respondent


                    PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of
                    Hindu Marraige Act read with Section 100 C.P.C, against the Judgment
                    and decree dated 18.02.2020 made in H.M.C.M.A.No.6 of 2019 on the file
                    of Principal District Judge, Ramanathapuram confirming the Judgment and
                    decreetal order dated 10.08.2018 passed in H.M.O.P.No.105 of 2016 on the
                    file of Sub Court, Ramanathapuram.



                                      For Appellant      : Mr.T.S.Mohamed Mohideen

                                      For Respondent     : Mr.J.Barathan




                    1/5
https://www.mhc.tn.gov.in/judis
                                                                           C.M.S.A.(MD)No.17 of 2020


                                                   JUDGMENT

This Civil Miscellaneous Second Appeal is filed against the

Judgment and decree dated 18.02.2020 made in H.M.C.M.A.No.6 of 2019

on the file of Principal District Judge, Ramanathapuram, confirming the

Judgment and decreetal order dated 10.08.2018 passed in H.M.O.P.No.105

of 2016 on the file of Sub Court, Ramanathapuram.

2. The appellant has already filed C.M.P.(MD)No.15079 of 2023

seeking to modify the grounds filed under Section 13(1)(ia) of Hindu

Marriage Act, 1955 into a ground filed under Section 13(B) of Hindu

Marriage Act, 1955 and to grant divorce by mutual consent. Being satisfied

with the reasons stated in the accompanying affidavit, the said C.M.P was

allowed on 06.01.2023. Therefore, this case was directed to be listed today

i.e., on 28.11.2023 for appearance of parties.

3. The appellant has appeared before this Court personally and

expressed her unwillingness to get along with the respondent herein. The

respondent has appeared through virtually and expressed his unwillingness

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

to get along with the appellant herein. Taking into account the terms of

C.M.P.(MD)No.15079 of 2023 and the statements made by both the parties

before this Court, this Court is inclined to dissolve the marriage

solemnized on 02.02.2014 between the appellant and the respondent.

Accordingly, the marriage between the appellant and the respondent is

hereby dissolved.

4. Hence, this Civil Miscellaneous Second Appeal is allowed. There

shall be no order as to costs.

28.11.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

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

To

1.The Principal District Judge, Ramanathapuram.

2.The Sub Court, Ramanathapuram.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

L.VICTORIA GOWRI, J.,

Sml

28.11.2023

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