The Madurai Bench of the Madras High Court, upon the submission that the parties are living together post-divorce, allowed Civil Miscellaneous Appeal No.1061 of 2015 to set aside the earlier order dissolving the marriage.
The order dated 08.02.2012 in I.D.O.P.No.222 of 2010 dissolving the marriage is set aside.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.11.2017
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.1061 of 2015
Merlin Selva Sundari ... Appellant/Respondent Vs. J.Jeyakanthan Thangaiah ... Respondent/Petitioner
Prayer : Appeal filed under Section 55 of Divorce Act r/w Order 43 Rule 1 of Civil Procedure Code), to set aside the judgement and decree passed in I.D.O.P.No.222 of 2010 on the file of the District Judge, Tuticorin dated 08.02.2012.
For Appellant : Mr.M.P.Senthil For Respondent : Mr.S.D.Venkatesh
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the Judgement and decree passed in I.D.O.P.No.222 of 2010 on the file of the District Judge, Tuticorin dated 08.02.2012.
2.The respondent herein filed I.D.O.P.No.222 of 2010 on the file of the District Judge, Tuticorin for dissolution of his marriage with the appellant herein. The learned Trial Judge passed an order dated 08.02.2012, allowing I.D.O.P.No.222 of 2010 and dissolved the marriage and granted divorce in favour of the respondent herein. Aggrieved by the same, the wife/appellant has filed this appeal.
4.Today, when the matter was taken up for hearing, it was submitted on either side that notwithstanding the grant of divorce, the parties are currently living together. Taking note of the subsequent development, this Court sets aside the order dated 08.02.2012 in I.D.O.P.No.222 of 2010 on the file of District Judge, Tuticorin.
5.This Civil Miscellaneous Appeal stands allowed accordingly. No costs.
Sd/-
Assistant Registrar(CRL. SIDE) /True Copy/
Sub Assistant Registrar
2
To
The District Judge, Tuticorin.
+1cc to Mr.M.P.Senthil Advocate in SR. No. 85644
DSS/KMI
JS/JC/SAR.3/17.11.2017/2P-3C
C.M.A.(MD)No.1061 of 2015 01.11.2017
1 issue framed by the court
Whether the order dissolving the marriage should be set aside given that the parties are still living together post-grant of divorce
2 provisions across 2 enactments
Merlin Selva Sundari
J.Jeyakanthan Thangaiah
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
