Madras High Court
CMA/2781/2026 of Arun Vs Indira Preetha on 24 September 2026
CMA No. 2781 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
AND
THE HON'BLE MRS.JUSTICE N. MALA
CMA No. 2781 of 2026
CNR:{HCMA011603862026}
AND
CMP NO. 21458 OF 2026
Arun
Rep by his father Ganesan as (SPA),
No.11, Duraikannu street,
Kannagi Nagar, Manavalan Nagar,
Thiruvallur 602 002
..Appellant(s)
Vs
Indira Preetha
D/o Udayakumar,
No.2/F, 1st Main Road,
Ragavendra Nagar, Boomianpet,
Puducherry 605 005
..Respondent(s)
Prayer: Appeal filed under Section 19 of Family Court Act, 1984 to set aside the impugned order passed in IA No.413/2025 in MOP No.643/2019
dated 27.04.2026 on the file of Family Court, Puducherry.
For Appellant(s):
Mr.R.Ganesan
For Respondent(s):
Mr.M.Abdul Wafiq
CMA No. 2781 of 2026
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Judgment
(Judgment of the Court was delivered by P.T.Asha J.) This civil miscellaneous appeal is filed challenging the order passed in IA No.413/2025 in MOP No.643/2019 dated 27.04.2026 on the file of the Family Court, Puducherry.
2. M.O.P.No.643 of 2019 has been filed by the appellant-husband under Section 13(1)(i-b) of the Hindu Marriage Act seeking divorce. The said petition was allowed ex-parte on 19.06.2025. Against the said order, the respondent-wife had filed I.A.No.413 of 2015 in M.O.P.No.643 of 2019 under Order IX Rule 13 r/w Section 151 of C.P.C to set aside the ex-parte decree dated 19.06.2025. The said I.A was allowed on 27.04.2026 and M.O.P.No.643 of 2019 has been restored. It is challenging this order that the instant C.M.A is filed.
3. Today, when the matter is taken up for hearing, the learned counsel for the respondent would submit that the said M.O.P was itself dismissed for default on 17.08.2026. Hence, nothing survives for consideration in this appeal.
CMA No. 2781 of 2026
4. In view of the above submission, this civil miscellaneous appeal is dismissed as infructuous giving liberty to the appellant to revive the appeal if so advised in the event of M.O.P.No.643 of 2019 being restored. No costs. Consequently, connected miscellaneous petition is closed. (P.T.A.,J.) (N.M.,J.) 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN To The Family Court, Puducherry.
CMA No. 2781 of 2026
P.T.ASHA J. AND N.MALA J. SRN CMA No. 2781 of 2026 AND CMP NO. 21458 OF 2026 24-09-2026