The Court dismissed the Civil Miscellaneous Appeal filed to set aside an order dismissing a mutual consent divorce petition, ruling that the appeal was devoid of merits as mutual consent was absent.
Civil Miscellaneous Appeal dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.11.2016
CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
CMA(MD)No.1291 of 2016
Godwin Gells .. Appellant/1st petitioner
vs.
Kamali Hepzibah .. Respondent/2nd petitioner
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the impugned order and decree passed by the learned Principal District Judge, Thoothukudi, in I.D.O.P.No.172 of 2015, dated 23.11.2015 by allowing this appeal.
For Appellant : Mr.M.Jerin Mathew
JUDGMENT
The present Civil Miscellaneous Appeal has been filed to set aside the impugned order and decree passed by the learned Principal District Judge, Thoothukudi, in I.D.O.P.No.172 of 2015, dated 23.11.2015, by allowing this appeal.
4.Considering the fact that the petition for mutual consent for divorce, presented before the learned Principal District https://hcservices.ecourts.gov.in/hcservices/ Court, Thoothukudi, was dismissed as not maintainable, this Court is of the view that without the consent of both the
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parties, no Court can pass any order dissolving the marriage. Hence, the present Civil Miscellaneous Appeal is devoid of merits and the same is dismissed.
Sd/Assistant Registrar(CS-II)
/True copy/
Sub Assistant Registrar
To
MK/GSV/PM/04.01.2017/2P-4C
CMA(MD)No.1291 of 2016 23.11.2016
1 issue framed by the court
Whether an appeal against a divorce petition dismissed for lack of mutual consent can succeed without the respondent's consent.
1 provisions across 1 enactments
Godwin Gells
Kamali Hepzibah
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
