The Madurai Bench dismissed a civil miscellaneous appeal against the dismissal of a divorce petition as abated, holding that the death of a spouse precludes further proceedings when no decree has been pronounced.
Civil Miscellaneous Appeal dismissed as abated; no 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.
C.M.A.(MD).No.512 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.512 of 2010
Sam D. Moses ..... Appellant/ Petitioner
-vs-
Jeya Vanitha
.... Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 55 of the Indian Divorce Act, 1869 r/w, Order 41 of C.P.C, against the judgment and decree passed in IDOP No.100 of 2008, dated 25.02.2010, on the file of I Additional District Judge, Tirunelveli.
For Appellant : Mr.D.Saravanan For Respondents : Mr.C.M.Mani Chelliah Prabhu for M/s.Eddy Emboss Firm
J U D G M E N T
The above appeal has been filed by the husband challenging the
dismissal of his Divorce Petition in I.D.O.P No.100 of 2008, on the file of the I Additional District Judge, Tirunelveli.
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C.M.A.(MD).No.512 of 2010
2. Pending appeal, the learned counsel appearing for the appellant has sent a notice to the client, which has been returned with an endorsement that
the “addressee is deceased”.
3. In view of the above said fact that one of the spouse has passed away and there was no decree for divorce, this Civil Miscellaneous Appeal is dismissed as abated. No costs.
27.04.2023
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
To
1. The I Additional District Judge, Tirunelveli.
2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD).No.512 of 2010
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.512 of 2010
27.04.2023
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1 issue framed by the court
Whether a divorce petition survivor appeal abates upon the death of one spouse where no decree was passed?
2 provisions across 2 enactments
Sam D. Moses
Jeya Vanitha
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
