Narasimmamoorthy @ Moorthy v. Vijayalakshmi
Restitution of conjugal rights – maintainability
Case brief
What is this about?
Madras High Court, K. Kumaresh Babu J., CRP No. 1193 of 2022, decided 29-04-2026. Narasimmamoorthy @ Moorthy v. Vijayalakshmi. Restitution/restoration of conjugal rights petition (H.M.O.P. No. 48 of 2019, Sub Judge, Dharmapuri), previously decreed ex parte, struck off as not maintainable since divorce decree dated 21.09.2017 in H.M.O.P. No. 47 of 2015 (Subordinate Judge, Hosur) was confirmed in CMA No. 18 of 2017 (year 2019). Delay-condonation I.A. No. 1 of 2025 allowed and H.M.O.P. restored, then struck off. CRP allowed, no costs; connected CMP No. 6348 of 2022 and Tr. CMP No. 11603 of 2026 closed.
What did the court decide?
Delay-condonation application allowed; H.M.O.P. No. 48 of 2019 restored to the file of the learned Subordinate Judge, Dharmapuri, and then struck off as not maintainable; Civil Revision Petition allowed with no order as to costs; connected Miscellaneous Petitions closed.