Husband sought to condone a long delay in filing a miscellaneous appeal against his failed divorce petition, citing COVID-19 moratorium. The court found the reason unsatisfactory, dismissed the delay-condonation petition and rejected the appeal at the SR stage.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
C.M.P(MD)No.4271 of 2025 in C.M.A(MD)SR.No.19055 of 2025
Ganesadhasan
... Petitioner/Appellant
-VsSasikumari ... Respondent/Respondent
PRAYER in C.M.P(MD)No. 4271 of 2025: Petition filed under Order 41 Rule 3(4) of Civil Procedure Code read with Section 5 of Limitation Act, to condone the delay of 2407 days in filing the Civil Miscellaneous Appeal against the Fair and Decreetal order dated 13.03.2018 made in H.M.O.P. No. 43 of 2017 on the file of the Family Court, Sivagangai, Sivagangai District.
PRAYER in C.M.A(MD)SR.No.19055 of 2025: Civil Miscellaneous Appeal filed under Section 19 of Family Court Act, to call for the records in Fair and Decreetal order dated 13.03.2018 made in H.M.O.P. No. 43 of 2017 on the file of the Family Court, Sivagangai, Sivagangai District and to set aside the same and to grant the relief of divorce by allowing this Civil Miscellaneous Appeal.
Page 1 of 4
For Petitioner : Mr.R.Udhayakumar
COMMON ORDER
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA , J.
The Husband has lost his divorce petition in H.M.O.P. No.43 of 2017 has preferred the Appeal with the delay of 247 days.
Page 2 of 4
[G.J., J.] & [R.P., J.] 19.03.2025
NCC : Yes / No Index : Yes / No KSA
Page 3 of 4
DR.G.JAYACHANDRAN, J. AND R.POORNIMA , J.
KSA
C.M.P(MD)No.4271 of 2025 in C.M.A(MD)SR.No.19055 of 2025
19.03.2025
Page 4 of 4
1 issue framed by the court
Whether the delay in filing the Civil Miscellaneous Appeal against the Family Court's divorce decree could be condoned on grounds of the COVID pandemic and Supreme Court moratorium?
3 provisions across 3 enactments
Ganesadhasan
Sasikumari
G.Jayachandran
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
