In this appeal arising under Section 55 of the Indian Divorce Act, the court noted the death of the respondent-husband. The court permitted the appellant-wife to withdraw alimony deposited in the lower court and dismissed the appeal as infructuous due to the husband's death.
Permission granted to withdraw alimony amount deposited by the respondent-husband.
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.
C.M.A.(MD)No.1194 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 26.09.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.1194 of 2012
Mary Babu .. Appellant / Petitioner
Vs.
Maria Lawrence .. Respondent / Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 55 of Indian Divorce Act, to call for the records in I.D.O.P.No.54 of 2006, on the file of the District Judge, Kanyakumari at Nagercoil, dated 20.10.2009.
For Appellant : Mr.A.Balakrishnan For Respondent : Mr.D.Saravanan
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the order passed in I.D.O.P.No.54 of 2006, on the file of the District Judge, Kanyakumari at Nagercoil, dated 20.10.2009.. The appellant herein is the petitioner and the respondent herein is the respondent in the original Petition.
C.M.A.(MD)No.1194 of 2012
Death certificate is also filed.
26.09.2022
Index : Yes/No Internet : Yes/No Ls
Note : In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
C.M.A.(MD)No.1194 of 2012
To
V.R. Section,
Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.1194 of 2012
R. THARANI, J.
Ls
Judgment made in C.M.A.(MD)No.1194 of 2012
26.09.2022
3 issues framed by the court
Whether the appeal can be decided on merits when the respondent-husband is deceased.
Whether permission to withdraw alimony deposited in the lower court is granted.
Whether the appeal is infructuous due to the death of the respondent.
1 provisions across 1 enactments
Mary Babu
Maria Lawrence
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
