M SANTHA @ PACKIALAKSHMI Vs. MADURAIVEERAN

JUDGEMENT

(1.) These two appeals are filed as early as in the year 2006. One is against the order granting divorce to the respondent/husband and another is against the order dismissing the application filed by the appellant/wife under Section 9 for restitution of conjugal rights and also for alimony under Section 25 of the Hindu Marriage Act.

(2.) These appeals were listed before us initially on 05.04.2018, on which date, it was represented by the learned counsels appearing on either side that a settlement could be possible between the parties, if they are called upon to appear in person before this Court, since they are living separately for the past more than 13 years. Accordingly, this Court directed the parties to appear on 18.04.2018 at 15 p.m. in the chamber. When the matter was taken up on 18.04.2018, the parties did not appear. However, the learned counsels for both sides sought one more opportunity. Accordingly, the matter was listed on 25.04.2018, on which date, it was represented by the respective counsels that they were not in a position to contact the parties. Consequently, the matter was adjourned to 14.06.2018 and again, at the request, to 29.06.2018, finally to be listed today. Today also the learned counsels appearing on either side submitted that they are not in a position to contact the parties.

(3.) Considering the fact that the H.M.O.P. itself was filed as early as in the year 1999, for divorce on the ground of desertion, cruelty and considering the fact that the Family Court has granted the decree of divorce as early as in the month of November 2005 and the petition for restitution of conjugal rights was filed in the year 2002 and considering the fact that these appeals are pending before this Court from 2013 with an admitted position that both the parties are living separately all along and considering the fact that the counsels are not in a position to contact the respective parties in spite of granting several opportunities, to ascertain the present state of affairs, we find that there is no purpose in keeping these appeals pending any more. Accordingly, these Civil Miscellaneous Appeals are disposed of for non-prosecution, however, by granting liberty to the appellant to seek restoration of the same, in the event if she wants to do so in future. No costs. Consequently, connected Miscellaneous Petition is closed.