Ganesan v. Thangamari
Case brief
What is this about?
In a civil second appeal under CPC Section 100, the Madras High Court allowed a mutual divorce. Parties appearing in person confirmed their intent to divorce; the cooling period was waived due to separation since 2008.
What did the court decide?
The joint affidavit was accepted; the appeal disposed of; the divorce decree was affirmed without cooling period.
What the court decided
C.M.S.A.(MD)No.8 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.S.A.(MD)No.8 of 2021 and C.M.P.(MD)No.5703 of 2022
Ganesan
...Appellant/Appellant/Petitioner
Vs.
Thangamari
...Respondent/Respondent/Respondent
PRAYER: This Civil Miscellaneous Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 18.09.2020 made in HMCMA No.5 of 2018 on the file of the learned Principal District Judge, Virudhunagar District at Srivilliputhur confirming the judgment and decree dated 08.01.2018 made in H.M.O.P.No.175 of 2010 on the file of the learned Subordinate Court, Srivilliputhur.
Issues for consideration
1 issue framed by the court
Whether the civil second appeal challenging the divorce decree should be disposed of when parties agree to mutual divorce.
Parties & counsel
- appellant
Ganesan
- respondent
Thangamari
Coram
N.SATHISH KUMAR
Case details
As recorded by the court registry
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