The High Court dismissed a Civil Miscellaneous Second Appeal regarding a divorce petition. The Court held that substantial questions were factual in nature and not suitable for second appeal, and noted the husband's advanced age and lack of reunion scope, rejecting the appeal.
CMSA No.38 of 2001 dismissed; no order as to costs.
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 : 02-02-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
CMSA No.38 of 2001
S.Muthiayyan ..Appellant/Respondent vs. Sundara Rajeswari ..Respondent/Petitioner
PRAYER : Civil Miscellaneous Second Appeal is preferred under Section 28 of Hindu Marriage Act read with Section 100 of the Code of Civil Procedure against the judgment and decree dated 24.01.2000 made in CMA No.250 of 1999 on the file of the learned Principal District Judge, Nagapattinam, confirming the order and decree dated 22.06.1999 made in HMOP No.46 of 1997 on the file of the learned Principal Subordinate Judge, Nagapattinam.
For Appellant : Mr.K.R.Rameshkumar For Respondent : Mr.V.Raghavachari
J U D G M E N T
The unsuccessful husband in a petition for dissolution of marriage has preferred the present Civil Miscellaneous Second Appeal.
Miscellaneous Second Appeal on hand and on both these grounds, the Civil Miscellaneous Second Appeal deserves to be rejected.
s/d-
Assistant Registrar(CS-III)
True Copy
Sub-Assistant Registrar
Svn
To
C.M.S.A.No.38 of 2001
VD(CO) SP(09/09/2021)
3 issues framed by the court
Whether the substantial question of law raised is relatable to factual matrix and therefore not adjudicable in second appeal.
Whether long separation by spouses constitutes a ground for dissolution of marriage adjudicable in second appeal.
Whether the Civil Miscellaneous Second Appeal against dismissal of divorce petition deserves rejection.
2 provisions across 2 enactments
S.Muthiayyan
Sundara Rajeswari
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
