Rajammal v. Ramasamy
Case brief
What is this about?
In a matrimonial second appeal challenging a divorce decree, counsel reported the death of the respondent husband, rendering the appeal res sub judice moot; the court dismissed the appeal as nothing survived for adjudication.
What the court decided
C.M.S.A.(MD) No.21 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.S.A.(MD) No.21 of 2017
Rajammal
... Appellant
Vs. Ramasamy ... Respondent
Prayer:- Civil Miscellaneous Second Appeal filed under Section 100 of CPC read with Section 28 of the Hindu Marriages Act, 1955, to set aside the Judgment and Decree passed by the learned Additional District Judge, Ramanathapuram in H.M.C.M.A.No.1 of 2012 dated 04.11.2015 confirming the Judgment and Decree passed by the learned Sub Judge, Paramakudi in H.M.O.P.No.26 of 2005 dated 12.11.2009.
For Appellant : Mr.P.Krishnasamy For Respondent : Mr.L.George Paul Anto
J U D G M E N T
Issues for consideration
1 issue framed by the court
Whether an appeal survives for adjudication when the respondent husband is deceased?
Parties & counsel
- appellant
Rajammal
- respondent
Ramasamy
Coram
SUNDER MOHAN
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court