The High Court of Madras dismissed an appeal seeking restitution of conjugal rights. The court upheld the trial court's finding that the marriage was null and void ab initio because the respondent was already married to another woman.
The appeal was dismissed; the trial court order dated 22.12.2008 was confirmed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No. 944 of 2009
Sugirtha ..Appellant/Petitioner Vs M.Sowridhas .. Respondent/Respondent
Prayer : Appeal filed under Section 55 of the Indian Divorce Act, 1869, against the decree and judgment passed in I.D.O.P.No. 51 of 1999 dated 22.12.2008 on the file of the Principal District Judge at Chengalpattu.
For Appellant : Mr.K.Hariharan For Respondent : Mr.I.Paranthaman
JUDGMENT
The fair and decreetal order dated 22.12.2008 passed in O.P.No.51 of 1999 is under challenge in the present civil miscellaneous appeal.
Research Institute at Thirumani and died intestate while he was in service in the year 1990. The respondent was the best friend of Prakasam and the respondent used to visit Prakasam's house while he was alive. After the demise of Prakasam, to help the family, the respondent continued his visit. The appellant/petitioner secured a job on compassionate ground and it is contended by the respondent that there was no marriage between them and the appellant remained as a widow. It is stated that at no point of time, the appellant/petitioner had not contracted marriage with the respondent.
of restitution of conjugal rights does not arise at all. This being the factum established before the trial Court, with an acceptable evidence, this Court do not find any ground to interfere with the orders of the trial Court and accordingly, the fair and decreetal order dated 22.12.2008 passed in O.P.No.51 of 1999 stands confirmed and the civil miscellaneous appeal stands dismissed. No costs. Consequently, M.P.No. 1 of 2009 is closed.
Sd/-
Assistant Registrar (CS-VIII)
//True Copy//
Sub Assistant Registrar
ssm
To
2.The Section Officer, VR Section, High Court, Madras – 104.
C.M.A.No. 944 of 2009
GMR(CO) GN(16/09/2021)
2 issues framed by the court
Whether to interfere with the trial court's finding that the marriage between the parties was null and void due to bigamy.
Whether the appellant is entitled to restitution of conjugal rights given the nullity of the marriage.
2 provisions across 1 enactments
Sugirtha
M.Sowridhas
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
