Disposed

K. Antony Thavidu Rayan v. K. Shiny Cladys

Madras HC6 Nov 2024CMA/1562/2021

Case brief

AI extract

What is this about?

Husband appealed against a family court decree granting his wife divorce on grounds of cruelty with Rs.30 lakhs permanent alimony and dismissing his restitution of conjugal rights petition. With the respondent absent and reportedly remarried, the High Court confirmed the divorce but set aside the alimony award.

What did the court decide?

Alimony order of Rs.30,00,000 set aside; divorce decree confirmed; appeals disposed without costs; connected CMP closed.

K. Antony Thavidu Rayan Vs K. Shiny Cladys — Maintenance and Alimony | Madras HC (2024)

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C.M.A.Nos.1562 & 1759 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.11.2024

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CORAM

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THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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C.M.A.Nos.1562 & 1759 of 2021

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and

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CMP.No.8136 of 2021

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K.Antony Thavidu Rayan ... Appellant in both the Appeals

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Vs.

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K.Shiny Cladys ... Respondent in both the Appeals

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Prayers: The Civil Miscellaneous Appeals are filed under Section 55 of Divorce Act, 1869 read with Section 19 of Family Courts Act, against the fair and final order dated 08.02.2021 made in O.P.No.5312 of 2019 and O.P.No.137 of 2021 respectively on the file of the 5th Additional Family Court, Chennai.

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For Appellant in both the Appeals : Mr.A.V.Arun

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For Respondent in both the Appeals : No appearance

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

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Page 1/4

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C.M.A.Nos.1562 & 1759 of 2021

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COMMON JUDGMENT

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(Judgment of the Court was delivered by J. Nisha Banu, J)

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These appeals have been filed by the appellant/husband, challenging the common order passed by the 5th Additional Family Court, Chennai in O.P.No.5312 of 2019 filed by the respondent/wife, granting divorce on the ground of cruelty and to pay a sum of Rs.30 lakhs towards permanent alimony to the respondent herein and dismissing the O.P.No.137 of 2021 filed by the appellant herein for restitution of conjugal rights.

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When the matter came up for hearing on 20.09.2024, there was no representation for the respondent. Therefore, this Court directed the Registry to send notice to the correct address of the respondent returnable by 04.10.2024. Now, the record shows that notice has been served on the respondent on 01.10.2024.

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Though notice was served on the respondent, there is no representation for the respondent today. The learned counsel for the appellant brought to the notice of this Court that the respondent/wife contracted a second marriage and is having a child and she is settled.

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The aforesaid submission made by the learned counsel for the appellant is recorded.

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Since the respondent/wife has contracted second marriage, there is no https://www.mhc.tn.gov.in/judis Page 2/4

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C.M.A.Nos.1562 & 1759 of 2021

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question of granting permanent alimony to the respondent/wife would arise.

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Taking into consideration that the respondent is not present before this Court and also taking into consideration, the submission made by the learned counsel for the appellant, the order passed in O.P.No.5312 of 2019 dated 08.02.2021 directing the appellant/husband to pay a sum of Rs.30,00,000/towards permanent alimony to the respondent/wife alone is set aside. The decree of divorce granted in O.P.No.5312 of 2019 dated 08.02.2021 is confirmed. Accordingly, the Civil Miscellaneous Appeals are disposed of. No costs. Consequently connected miscellaneous petition is closed.

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(J.N.B., J.) (R.S.V., J.) 06.11.2024

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vsi

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The Family Judge, Ariyalur.

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

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Page 3/4

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C.M.A.Nos.1562 & 1759 of 2021

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J. NISHA BANU, J. and R.SAKTHIVEL, J.

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vsi

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C.M.A.Nos.1562 & 1759 of 2021

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06.11.2024

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

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Page 4/4

K. Antony Thavidu Rayan v. K. Shiny Cladys

Case brief

What is this about?

What did the court decide?

K. Antony Thavidu Rayan v. K. Shiny Cladys

Case brief

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What did the court decide?

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