Madras High Court

CMA(MD)/1082/2024 of Grace Thistle Thwate Vs Raja Mohammed on 11 November 2026

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CMA(MD) No. 1082 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11-11-2026

CORAM

THE HON'BLE DR.JUSTICE P.MURUGAN

CMA(MD) No. 1082 of 2024

CNR:{HCMD010407562024}

Grace Thistle Thwate

..Appellant(s)

Vs

Raja Mohammed

..Respondent(s)

PRAYER: Civil Miscellaneous Appeal filed under Section 55 of the Indian Divorce Act, to set aside the judgment and decree dated 28-11- 2023 passed in I.D.O.P.No.38/2023 on the file of Principal District Judge, Ramanathapuram.

For Appellant(s)

: Mr.S.Ramsundarvijayraj

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JUDGMENT

This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 28.11.2023 passed in I.D.O.P. No. 38 of 2023 on the file of the Principal District Judge, Ramanathapuram.

CMA(MD) No. 1082 of 2024

2. The proceedings emanated from the Divorce Petition in I.D.O.P. No. 38 of 2023, filed by the wife before the Principal District Judge, Ramanathapuram, under Section 10(vii) of the Indian Divorce Act, on the ground of non-consummation of marriage. The said petition was dismissed by the trial Court on 28.11.2023. The records reveal that the husband was set ex parte before the trial Court. Even then, the trial Court dismissed the I.D.O.P. petition, disbelieving the case of the wife.

3. Aggrieved by the dismissal of the petition, the wife filed this appeal in the year 2024. In due course, during the pendency of the appeal, the learned counsel for the appellant submitted that the appellant's husband, who is the respondent herein, died recently on 03.01.2026. He has also filed the death certificate of the respondent. He further submitted that, since the marriage between the appellant and the respondent was not consummated, there is no child born out of the wedlock and there are no legal heirs of the deceased respondent. He also submitted that, by recording the memo, the case may be disposed of.

4. Since the respondent/husband died, these proceedings have come to an end. Therefore, the Civil Miscellaneous Appeal is closed. Though the appeal is closed and no divorce was granted by the trial Court, the

CMA(MD) No. 1082 of 2024 marriage between the appellant and the respondent subsisted until the demise of the respondent on 03.01.2026. Therefore, the appellant is the widow of the deceased respondent. No costs. 11-11-2026 Index: Yes/No Neutral Citation: Yes/No sji To :

1. The Principal District Judge, Ramanathapuram.

2. The Section Officer ( VR Section ) Madurai Bench of Madras High Court.

CMA(MD) No. 1082 of 2024 DR.P.MURUGAN, J. sji CMA(MD) No. 1082 of 2024 11-11-2026

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