D.Saravanan v. J.Priya
Case brief
What is this about?
In a civil miscellaneous second appeal regarding divorce, the High Court allowed the appellant's appeal based on a settlement deed and mutual consent for separation, restoring the original divorce decree and quashing the lower appellate court's contrary judgment.
What did the court decide?
The appeal is allowed; the divorce granted by the Principal Subordinate Judge is confirmed; the decree and judgment of the Principal District Judge in C.M.A.No.46 of 2011 are set aside.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :06.09.2018
CORAM
THE HON'BLE MRS.JUSTICE V. BHAVANI SUBBAROYAN
C.M.S.A.No.38 of 2012
D.Saravanan
Vs. J.Priya ... Respondent
Prayer:- Civil Miscellaneous Second Appeal filed under section 100 of the C.P.C. r/w Section 28 of Hindu Marriage Act 1956 praying to set aside the Judgment and Decree made in C.M.A.No.46 of 2011 on the file of the Principal District Judge, Cuddalore District, dated 22.06.2012 and thereby confirming the Decree and Judgment made in H.M.O.P.No.89 of 2008 on the file of the Principal Subordinate Judge, Cuddalore District, dated 13.07.2011.
For Appellant :Mr.K.A.Ravindran For Respondent :Mr.R.Gururaj
This Civil Miscellaneous Appeal has been filed against the Judgment and Decree made in C.M.A.No.46 of 2011 by the Principal District Judge, Cuddalore District dated 22.06.2012.
2.The husband filed H.M.O.P.No.89 of 2008 before the Principal Subordinate Judge, Cuddalore District against the wife for divorce/dissolving the marriage dated 02.02.2006 . The H.M.O.P. No.89 of 2008 was allowed and the marriage between the appellant and the respondent dated 02.02.2006 was dissolved by Decree of divorce by the Principal Subordinate Judge, Cuddalore and against the same the wife filed an appeal before the Principal District Judge, Cuddalore in C.M.A.No.46 of 2011 and the Principal District Judge has reversed the order of the trial Court by setting aside the same and allowed the appeal of the wife. Against the said decree and Judgment of the Principal District Judge, Cuddalore, the husband has preferred this Civil Miscellaneous Second Appeal.
Issues for consideration
1 issue framed by the court
Whether to allow the appeal filed by the husband to restore the divorce decree when both parties have settled and produced a separation declaration deed.
Parties & counsel
- appellant
D.Saravanan
- respondent
J.Priya
Coram
V. Bhavani Subbaroyan
Case details
As recorded by the court registry
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