Madras High CourtAS(MD)/66/2020dismissed

S.Jahir Hussain v. S.Taj

2025-09-22Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Jahir Hussain ... Appellant / Plaintiff -vsS.Taj ... Respondent / Defendant PRAYER: Appeal Suit filed under Section 96 C.P.C. read with Section 19 of the Family Courts Act, against the judgment and decree dated 29.11.2019, made in O.S.No.7 of 2012, on the file of the Family Court, Madurai.

For Appellant :

No Appearance For Respondent :

Mr.R.Suriyanarayanan

JUDGMENT

(Judgment of the Court was made by C.V.Karthikeyan, J.) The plaintiff in O.S.No.7 of 2012 on the file of the Family Court, Madurai, is the appellant herein.

2. The said suit was filed by the plaintiff [S.Jahir Hussain] against the defendant [S.Taj], seeking a judgment and decree for dissolution of the marriage solemnized between them on 13.11.2005, along with consequential reliefs.

3. By judgment dated 29.11.2019, after examining the evidence adduced, the Family Court, Madurai, dismissed the suit. This effectively indicates that the marriage between the plaintiff/appellant [S.Jahir Hussain] and the defendant/respondent [S.Taj], solemnized on 13.11.2005, continues to subsist and has been recognized as valid and subsisting by the Court.

4. Aggrieved by the said judgment and findings, the plaintiff preferred the present Appeal Suit.

5. However, during the pendency of the Appeal Suit, the plaintiff/appellant passed away on 21.03.2020. In view of the fact that the judgment of the Family Court upheld the subsistence of the marriage dated 13.11.2005, and in the light of the subsequent demise of the plaintiff/appellant, no further adjudication is required in the present

Appeal Suit. Accordingly, the Appeal Suit stands dismissed. In effect, this affirms that the marriage between the appellant [S.Jahir Hussain] and the respondent [S.Taj], solemnized on 13.11.2005, was performed in accordance with law and under the prevailing customs between the parties. There shall be no order as to costs. NCC : Yes / No [C.V.K., J.] [R.V., J.] Index : Yes / No 22.09.2025 smn2 To 1.The Judge, Family Court, Madurai.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

C.V.KARTHIKEYAN , J.

and R.VIJAYAKUMAR , J.

smn2 22.09.2025