Madras High CourtCMA(MD)/1000/2016dismissed as infructuous

T.Arulraj v. A.Shyamala

2021-02-02Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice S.Kannammal2 pages

C.M.A(MD)No.1000 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL C.M.A(MD)No.1000 of 2016 and C.M.P(MD)No.8999 of 2016 T.Arulraj ... Appellant/Respondent Vs.

A.Shyamala ... Respondent/Petitioner Prayer: Civil Miscellaneous Appeal filed under Section 55 of the Divorce Act, against the decree and order, dated 29.04.2016 passed in I.D.O.P.No.56 of 2014 on the file of the Family Court, Madurai. For Appellant : Mr.S.Malaikani For Respondent : Mr.B.Saravanan

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This Civil Miscellaneous Appeal is directed against the order, dated 29.04.2016, passed in I.D.O.P.No.56 of 2014 on the file of the Family Court, Madurai.

2.When the matter is taken up for hearing today, the learned counsel appearing for the respondent submitted that the respondent/wife had re-married one Pravin, subsequent to the grant of divorce and he has also filed a memo to that effect, which is as follows:- "It is submitted that the appellant herein has preferred the above Civil Miscellaneous Appeal challenging the fair and decreetal order of divorce granted by the Hon'ble Family Court, Madurai, in I.D.O.P.No.56 of 2014 dated 29.04.2016. Subsequent to the grant of divorce, marriage between the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A(MD)No.1000 of 2016 respondent/wife herein and one Pravin was soleminzed on 30.11.2017 and a male child by name Johan Paul is born out of that wedlock. The aforementioned facts are brought to the notice of this Court."

3.The learned counsel appearing for the appellant also submitted that the respondent re-married one Pravin on 30.11.2017 and the appellant/husband also is said to have re-married, after the decree for dissolution was passed and submitted that nothing remains to be adjudicated further in this Civil Miscellaneous Appeal.

4.Recording the same, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judge, Family Court, Madurai.

2.The Section Officer, V.R Section (Records)-2 copies Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.B.SARAVANAN, Advocate ( SR-2736[F] dated 02/02/2021 ) C.M.A(MD)No.1000 of 2016 02.02.2021 KM (09.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2