Allowed

Resy Riviere v. Marie Leon @ Udayakumar

Madras HC15 Jul 2016CMA/3109/2011

Case brief

AI extract

What is this about?

The Madras High Court allowed a Civil Miscellaneous Appeal against a Family Court order dismissing a divorce petition. Relying on the respondent husband's endorsement of no objection to granting divorce, the Court set aside the impugned order and allowed the underlying petition.

What did the court decide?

Civil Miscellaneous Appeal allowed; impugned order set aside; divorce petition allowed.

Resy Riviere Vs Marie Leon @ Udayakumar — Matrimonial and Divorce | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.07.2016

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Coram

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The Hon'ble Mr. Justice A.SELVAM

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and

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The Hon'ble Mr. Justice P.KALAIYARASAN

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C.M.A.No.3109 of 2011

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Resy Riviere ..Appellant/Petitioner

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Marie Leon @ Udayakumar ..Respondent/Respondent

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Civil Miscellaneous Appeal preferred against the judgment and order and decree dated 22.02.2011, passed in M.O.P.No.221 of 2007, by the Family Court, Puducherry.

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For Appellant .. Mr.B.Radhika For Respondent .. M/s.A.Tamilvanan, Mr.B.Shyam

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JUDGMENT (Judgment of the Court was delivered by A.SELVAM, J.)

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This Civil Miscellaneous Appeal has been directed against the order dated 22.02.2011, passed in M.O.P.No.221 of 2007, by the Family Court, Puducherry.

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The appellant herein, as petitioner, has filed M.O.P.No.221 of 2007, on the file of the Court below under Section 242 of the French Code Civil Act, wherein, the present respondent has been shown as sole respondent.

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The Court below, after considering the contentions raised on either side, has dismissed M.O.P.No.221 of 2006, by way of holding that the petitioner therein is not entitled to get divorce, by way of passing the impugned order and the same has been challenged in the present Civil Miscellaneous Appeal.

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During pendency of the appeal, on the side of the respondent/husband, an endorsement has been made to the effect that he is not having any objection in granting divorce.

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

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In view of the endorsement made on the side of the respondent/husband, this Civil Miscellaneous Appeal is liable to be allowed.

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In fine, this Civil Miscellaneous Appeal is allowed without cost. The impugned order passed in M.O.P.No.221 of 2007, by the Court below, is set aside and the petition filed in M.O.P.No.221 of 2007 is allowed.

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Sd/-
Asst.Registrar (CS II )
/true copy/
Sub Asst. Registrar
To
The Presiding Officer,
Family Court, Puducherry.
+1 cc to Mr.A.Tamilvanan, advocate,sr.40058
+1 cc to M/s.A.Arul Huzhi, advocate,sr.39626.
mg(co)
krd 22/8
C.M.A.No.3109 of 2011

¶22

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

Resy Riviere v. Marie Leon @ Udayakumar

Case brief

What is this about?

What did the court decide?

Resy Riviere v. Marie Leon @ Udayakumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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