The appellant failed to provide instructions on the date of hearing. Consequently, the Madurai Bench of the Madras High Court dismissed the civil miscellaneous second appeal filed under Section 28 of the Hindu Marriage Act r/w Section 100 of the C.P.C. as default.
The Civil Miscellaneous Second Appeal is dismissed for default without any 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.
C.M.S.A.(MD)No.6 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.S.A.(MD)No.6 of 2018
Karthikeyan
... Appellant
Vs.
Raja Rajeswari
... Respondent
PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of the Hindu Marriage Act r/w Section 100 of C.P.C., against the Judgment and decree dated 28.11.2017 passed in C.M.A.(MD)No.34 of 2016 on the file of the II Additional District and Sessions Judge, Thanjavur by reversing the Judgment and decree dated 17.11.2016 passed in H.M.O.P.No.234 of 2012 on the file of the Additional Sub Court, Thanjavur.
For Appellant : Mr.G.Karnan
C.M.S.A.(MD)No.6 of 2018
JUDGMENT
When the matter was taken up for hearing on 22.11.2023, the learned Counsel appearing for the appellant has submitted that no instructions from the appellant. He also made an endorsement to that effect. The said submission is recorded.
22.11.2023
NCC : Yes / No Index : Yes / No Internet : Yes Sml
C.M.S.A.(MD)No.6 of 2018
To
1.The II Additional District and Sessions Judge, Thanjavur.
2.The Additional Sub Court, Thanjavur.
Copy to
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
C.M.S.A.(MD)No.6 of 2018
L.VICTORIA GOWRI, J.,
Sml
C.M.S.A.(MD)No.6 of 2018
22.11.2023
1 issue framed by the court
Whether to allow or dismiss a civil miscellaneous second appeal filed for default.
2 provisions across 2 enactments
Karthikeyan
Raja Rajeswari
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
