Madras High CourtCMA(MD)/749/2019closed

L.Justin Raj v. V.D.Sajitha

2023-12-21Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.9607 of 2019 L.Justin Raj ... Appellant Vs.

V.D.Sajitha ... Respondent PRAYER: Civil Miscellaneous Appeal filed under Order XLI Rule 1 and Section 96 of C.P.C. r/w Section 55 of Indian Divorce Act to set aside the fair and decreetal order dated 19.12.2018 passed by the Additional District & Sessions Judge (Fast Track Court), Kanyakumari at Nagercoil in I.D.O.P.No.310 of 2018 on the file of the Additional District & Sessions Judge (Fast Track Court), Kanyakumari at Nagercoil. 1/5

` For Appellant : Mr.Niranjan S Kumar For Respondent : Mr.B.Ramanathan

JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order dated 19.12.2018 passed by the Additional District & Sessions Judge (Fast Track Court), Kanyakumari at Nagercoil in I.D.O.P.No.310 of 2018 on the file of the Additional District & Sessions Judge (Fast Track Court), Kanyakumari at Nagercoil.

2. Heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent and perused the materials available on record.

3.It is brought to the knowledge of this Court that the respondent had remarried one C.Sudharsan on 11.05.2019 and the same has been registered before the SRO Marthandam Joint II on 04.06.2019. In view of 2/5

the same, nothing survives in this Civil Miscellaneous Appeal.

4. Further, the learned Counsel appearing for the respondent firmly submitted that the respondent will co-operate to file an affidavit by submitting no objection to quash the criminal proceeding in C.C.No.1, Kuzhithurai, before this Court in the connected pending Crl.O.P.

5. Hence, this Civil Miscellaneous Appeal is closed. There shall be no order as to costs. Consequently, connected civil miscellaneous petition is closed.

21.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5

To The Additional District & Sessions Judge (Fast Track Court), Kanyakumari at Nagercoil.

Copy to The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J., Sml 21.12.2023 5/5