K.Antony Thavidu Rayan vs K.Shiny Cladys
2024 Latest Caselaw 21168 Mad

Madras High Court

K.Antony Thavidu Rayan vs K.Shiny Cladys on 6 November, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                            C.M.A.Nos.1562 & 1759 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 06.11.2024

                                                        CORAM

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                                   and
                                  THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

                                            C.M.A.Nos.1562 & 1759 of 2021
                                                        and
                                                CMP.No.8136 of 2021

                K.Antony Thavidu Rayan                           ... Appellant in both the Appeals

                                                     Vs.

                K.Shiny Cladys                                  ... Respondent in both the Appeals


                Prayers: The Civil Miscellaneous Appeals are filed under Section 55 of

                Divorce Act, 1869 read with Section 19 of Family Courts Act, against the fair

                and final order dated 08.02.2021 made in O.P.No.5312 of 2019 and

                O.P.No.137 of 2021 respectively on the file of the 5th Additional Family

                Court, Chennai.



                                   For Appellant in both the Appeals    : Mr.A.V.Arun

                                   For Respondent in both the Appeals   : No appearance



https://www.mhc.tn.gov.in/judis
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                                                                              C.M.A.Nos.1562 & 1759 of 2021

                                                 COMMON JUDGMENT

(Judgment of the Court was delivered by J. Nisha Banu, J)

These appeals have been filed by the appellant/husband, challenging the

common order passed by the 5th Additional Family Court, Chennai in

O.P.No.5312 of 2019 filed by the respondent/wife, granting divorce on the

ground of cruelty and to pay a sum of Rs.30 lakhs towards permanent alimony

to the respondent herein and dismissing the O.P.No.137 of 2021 filed by the

appellant herein for restitution of conjugal rights.

2. When the matter came up for hearing on 20.09.2024, there was no

representation for the respondent. Therefore, this Court directed the Registry to

send notice to the correct address of the respondent returnable by 04.10.2024.

Now, the record shows that notice has been served on the respondent on

01.10.2024.

3. Though notice was served on the respondent, there is no

representation for the respondent today. The learned counsel for the appellant

brought to the notice of this Court that the respondent/wife contracted a second

marriage and is having a child and she is settled.

4. The aforesaid submission made by the learned counsel for the

appellant is recorded.

5. Since the respondent/wife has contracted second marriage, there is no

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

C.M.A.Nos.1562 & 1759 of 2021

question of granting permanent alimony to the respondent/wife would arise.

5. Taking into consideration that the respondent is not present before this

Court and also taking into consideration, the submission made by the learned

counsel for the appellant, the order passed in O.P.No.5312 of 2019 dated

08.02.2021 directing the appellant/husband to pay a sum of Rs.30,00,000/-

towards permanent alimony to the respondent/wife alone is set aside. The

decree of divorce granted in O.P.No.5312 of 2019 dated 08.02.2021 is

confirmed. Accordingly, the Civil Miscellaneous Appeals are disposed. No

costs. Consequently connected miscellaneous petition is closed.

(J.N.B., J.) (R.S.V., J.) 06.11.2024 vsi

To

The Family Judge, Ariyalur.

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

C.M.A.Nos.1562 & 1759 of 2021

J. NISHA BANU, J.

and R.SAKTHIVEL, J.

vsi

C.M.A.Nos.1562 & 1759 of 2021

06.11.2024

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