Allowed

Suba @ Kalaivani v. J.Nirmal Babu

Madras HC15 Jul 2014CMA/1441/2011

Case brief

AI extract

What is this about?

The High Court allowed a civil miscellaneous appeal against an order dismissing an application to set aside an ex parte divorce decree. The court held that in the interest of justice, the appeal be allowed to provide the appellant a chance to contest the case on merits.

What did the court decide?

Impugned order set aside; matter remanded to Court below to complete trial and dispose of petition within three months.

Suba @ Kalaivani Vs J.Nirmal Babu — Matrimonial and Divorce | Madras HC (2014)

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In the High Court of Judicature at Madras

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Dated :15.07.2014

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Coram

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The Honourable Mr.Justice R.SUBBIAH

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C.M.A.No.1441 of 2011 and M.P.Nos.1 & 2 of 2011

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Suba @ Kalaivani ..Appellant

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..vs..

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J.Nirmal Babu ..Respondent

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Civil Miscellaneous Appeal has been filed under Order 43 Rule 1 (1) of CPC, against the order dated 07.04.2011 passed in I.A.No.66 of 2011 in F.C.O.P.No.391 of 2008 on the file of the Family Court at Salem.

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For Appellant : Mr.K.Muthu For Respondent : Mr.N.A.Nissar Ahmed

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JUDGMENT

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The present appeal has been filed as against the order passed by the Family Court at Salem in I.A.No.66 of 2011 in F.C.O.P.No.391 of 2003, dated 07.04.2011.

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2.The appellant herein is the wife and the respondent herein is the husband. The respondent herein/husband has filed F.C.O.P.No.391 of 2008 for a decree of divorce on the file of the Family Court at Salem. In the said OP, the appellant herein/wife had filed a detailed counter denying the allegations made against her. In the said OP, an exparte decree was passed on 19.08.2009 against the wife/appellant herein. Thereafter, the wife/appellant herein had filed an application to set aside the exparte decree and the same was allowed. Again, on 09.02.2012 since the wife/appellant herein was absent, an exparte decree for divorce was passed by the Court below against her. Hence, the wife/appellant herein filed I.A.No.66 of 2011 seeking to set aside the exparte decree dated 09.02.2012. But, the said application was dismissed by the Court below on 07.04.2011 on a finding that the wife/appellant herein has no intention to get along with the trial, but only to protract the proceedings. Aggrieved over the same, the present appeal has been filed.

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3.Heard the submissions made on either side and perused the materials available on record.

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https://hcservices.ecourts.gov.in/hcservices/

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4.This Court is of the view that irrespective of the submissions made on either side, in the interest of justice, this appeal could be allowed, so that the appellant herein/wife can have a chance of contesting the case on merits.

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5.Therefore, the impugned order is set aside and the matter is remanded back to the Court below. The Court below is directed to take up the main OP, complete the trial and dispose of the OP, within a period of three months from the date of receipt of a copy of this order. The appellant herein is also directed to co-operate for the speedy disposal of the case.

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6.With the above terms, this Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/Assistant Registrar(CS-IV) Dated: .07.2014 //True Copy// Sub Assistant Registrar Copy to The Family Court Judge, Salem. +1 cc to Mr.M.Deivadam, Advocate,SR.31872 +1 cc to M/s.N.A.Nissar Ahmad,Advocate,SR.31309 rk (co) krd 31.07.2014

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C.M.A.No.1441 of 2011 and M.P.Nos.1 & 2 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

Suba @ Kalaivani v. J.Nirmal Babu

Case brief

What is this about?

What did the court decide?

Suba @ Kalaivani v. J.Nirmal Babu

Case brief

What is this about?

What did the court decide?

What the court decided

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