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Kalaiselvi, Vs Manikandan — Matrimonial and Divorce | Madras HC (2023)

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Madras HC
2023
Kalaiselvi, Vs ManikandanKalaiselvi, v. Manikandan

Disposed

Kalaiselvi, v. Manikandan

Madras HC7 Dec 2023CMSA(MD)/1/2019

Case brief

AI extract

What is this about?

Appeal in matrimonial dispute dismissed because both parties remarried, leaving nothing to adjudicate.

What did the court decide?

Appeal disposed of with no order as to costs; connected petition closed.

What the court decided

AI extract

A

C.M.S.A.(MD)No.1 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 07.12.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

C.M.S.A.(MD)No.1 of 2019

and

C.M.P.(MD)No.185 of 2019

Kalaiselvi

... Appellant

Vs.

Manikandan

... Respondent

Parties & counsel

AI extract

appellant
Kalaiselvi
respondent
Manikandan

Coram

AI extract

L.Victoria Gowri

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 7 Dec 2023 · December
Registered: 8 Jan 2019
Case no.: CMSA(MD)/1/2019

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Cite this judgement

Kalaiselvi, v. Manikandan, CMSA(MD)/1/2019 (MAD), decided on 7 December 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

L.Victoria Gowri

Parties & counsel

Outcome

Appeal disposed of with no order as to costs; connected petition closed.

Detailed headnote1 paragraphs

Civil Miscellaneous Second Appeal disposed of as the appellant and respondent had remarried another person. Consequently, nothing survived for adjudication and there was no order as to costs.

A compact analysis

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.

PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marraige Act read with Section 100 of C.P.C, to set aside the fair and decreetal order dated 19.09.2018 passed in C.M.A.No.07 of 2018 on the file of Additional District Court (Fast Track Court), Palani reversing the fair and decreetal order dated 22.09.2017 passed in H.M.O.P.No.31 of 2013 on the file of Sub-Court, Palani.

For Appellant : Mr.M.P.Senthil For Respondent : No appearance

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C.M.S.A.(MD)No.1 of 2019

JUDGMENT

This Civil Miscellaneous Second Appeal is filed to set aside the fair and decreetal order dated 19.09.2018 passed in C.M.A.No.07 of 2018 on the file of Additional District Court (Fast Track Court), Palani reversing the fair and decreetal order dated 22.09.2017 passed in H.M.O.P.No.31 of 2013 on the file of Sub-Court, Palani.

Heard the learned Counsel appearing for the appellant and

perused the materials available on record.

It is brought to the knowledge of this Court that H.M.O.P.No.31 of 2013 on the file of Sub Court, Palani was dismissed on 22.09.2017. The appeal has been filed against the same in C.M.A.No.07 of 2018 on the file of Additional District Court (Fast Track Court), Palani which was allowed on 19.09.2018, against which the present Civil Miscellaneous Second Appeal is filed.

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C.M.S.A.(MD)No.1 of 2019

The learned Counsel appearing for the appellant has submitted

that the appellant as well as the respondent had remarried another person. In view of the same, this Civil Miscellaneous Second Appeal is liable to be closed. The said submission is recorded.

Therefore, nothing survives for adjudication. Hence, this Civil

Miscellaneous Second Appeal stands disposed of. There shall be no order as to costs. Consequently, connected civil miscellaneous petition is closed.

07.12.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

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C.M.S.A.(MD)No.1 of 2019

To

1.The Sub Court, Palani.

2.The Additional District Court, (Fast Track Court), Palani.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

4/5 https://www.mhc.tn.gov.in/judis

C.M.S.A.(MD)No.1 of 2019

L.VICTORIA GOWRI, J.,

Sml

C.M.S.A.(MD)No.1 of 2019

07.12.2023

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CNR

HCMD010344402019

Topic

Matrimonial and Divorce

Bench

L.victoria Gowri

Disposal

CLOSED

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