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Gangadharan Vs Chinnamma — Matrimonial and Divorce | Kerala HC (2008)

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Kerala HC
2008
Gangadharan Vs ChinnammaGangadharan v. Chinnamma

Dismissed

Gangadharan v. Chinnamma

Kerala HC5 Feb 2008MFA/372/2001

Case brief

AI extract

What is this about?

This Misc. First Appeal filed for divorce was dismissed as nothing survives following the death of the wife-respondent.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &

THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929

MFA. No. 372 of 2001

OP(HMA).112/1997 of SUB COURT, MAVELIKKARA

....................

APPELLANT/ PETITIONER:

--------------

GANGADHARAN, GANGA BHAVAN, PATHIYOORKALA MURI, PATHIYOOR VILLAGE.

BY ADV. SRI. K.P. DANDAPANI

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether this appeal survives after the death of the wife-respondent.

Parties & counsel

AI extract

appellant
GANGADHARAN
respondent
CHINNAMMA

Coram

AI extract

KURIAN JOSEPH

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 5 Feb 2008 · February
Registered: 13 Mar 2001
Case no.: MFA/372/2001

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Cite this judgement

Gangadharan v. Chinnamma, MFA/372/2001 (KL), decided on 5 February 2008.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

KURIAN JOSEPH and HARUN-UL-RASHID

Parties & counsel

Outcome

Dismissed

Issue for consideration

Whether this appeal survives after the death of the wife-respondent.

Detailed headnote1 paragraphs

An appeal for divorce filed under Section 13 of the Hindu Marriage Act was dismissed because the wife-respondent had died, rendering the appeal without any surviving party.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

RESPONDENT/ COUNTER PETITIONER:

----------------

CHINNAMMA, KUMBALATHU HOUSE, EVOOR THEKKUMMURI, PATHIYOOR VILLAGE.

THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

-----------------------------------------

M.F.A. No. 372 OF 2001

-----------------------------------------

Dated this the 5^th day of February, 2008.

J U D G M E N T

Kurian Joseph, J.

This is an appeal filed by the petitioner in O.P.(HMA) No.112/97 on the file of the Sub Court, Mavelikkara. The said petition was filed for divorce under Section 13 of the Hindu Marriage Act. From the endorsement on the file it is seen that his wife-respondent expired. Therefore, nothing survives in this appeal. It is accordingly dismissed.

KURIAN JOSEPH JUDGE

HARUN-UL-RASHID JUDGE

smp

KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

M.F.A. No. 372 OF 2001

J U D G M E N T

05.02.2008

HARUN-UL-RASHID

CNR

KLHC010206682001

Topic

Matrimonial and Divorce

Bench

Kurian Joseph Harun-ul-rashid

Disposal

DISMISSED

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