Madras High CourtCMA(MD)/1268/2015allowed

Manikandan v. Regila Bai

2017-11-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Second day of November Two Thousand and Seventeen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMA(MD) No.1268 of 2015 MANIKANDAN, S/O. CHELLASAMY, KOVILVILAI VEEDU, KOTTAGAM, KANJIRACODE POST, NATTALAM VILLAGE, VILAVANCODE TK, KANYAKUMARI DISTRICT.

... PETITIONER Vs 1 REGILA BAI, D/O. VICTOR, J.V.S.NIVAS, THAMARAI CHERIVILAI HOUSE, KOLVEL, THIRUVARAMBU POST, THIRUVATTAR VILLAGE, KALKULAM TALUK, KANYAKUMARI DISTRICT.

2 JEYA RAJ, W/O. RAJAYYAN, UDAYAR VILAI, COLACHEL VILLAGE, COLACHEL PO, KALKULAM TK, KANYAKUMARI.

(NOTICE NOT NECESSARY AS THE 2ND RES. WAS EXPARTE BEFORE COURT BELOW) ... RESPONDENTS Prayer in C.M.A.(MD) No.1268 of 2015:

Appeal filed under Section 55 of the Divorce Act 1869, to allow this appeal and set aside the Fair and decreetal order made in I.D.O.P.No.63 of 2007 on the file of the District Judge, Kanyakumari at Nagercoil, dated 30.01.2015.

DECREE: This Petition coming on for hearing on this day, upon perusing the grounds of Appeal, the judgment and Decree of the Lower Court and the material papers in the appeal and upon hearing the arguments of Mr.C.Sankarprakash, Advocate for the Appellant and respondent not appeared either in person nor by an Advocate while allowing this appeal, doth order and decree as follows: i) that the judgment and decree dated 30.01.2015 in I.D.O.P.No.63 of 2007 on the file of the District Judge, Kanyakumari at Nagercoil be and hereby is set aside and the Civil Miscellaneous Appeal Allowed;

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ii) that the marriage that took place between the parties on 12.02.2001 stands dissolved;

iii) that the appellant/husband to continue to the said sum of Rs.10,000/- per month to his (divorced) wife. ii) that there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To The District Judge, Nagercoil, Kanyakumari District.

Copy to The Record Keeper, (2 copies) Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.C.Sankarprakash, Advocate Sr.No.88846 VB/GT/SAR4/20.03.2018/2P/5C DATED :22/11/2017 DECREE CMA(MD) No.1268 of 2015 Nature of Decree: Allowing the Civil Miscellaneous Appeal against the judgment and Decree dated 30.01.2015 in I.D.O.P.No.63 of 2007 on the file of the District Judge, Kanyakumari at Nagercoil.

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