C.M.A.(MD)No.202 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE M.D.SUMATHI C.M.A.(MD)No.202 of 2022 and C.M.P.(MD)No.1828 of 2022 Sundari Bai ... Appellant Vs. George Simon ... Respondent Prayer : Civil Miscellaneous Appeal is filed under Section 55 of the Indian Divorce Act, 1869, to set aside the fair and decreetal order made in I.A.No.1 of 2021 in I.D.O.P.No.384 of 2013 dated 08.10.2021 on the file of the Family Court, Kanyakumari at Nagercoil. For Appellant : Mr.M.R.Sreenivasan For Respondent : Mr.S.C.Herold Singh 1/4 C.M.A.(MD)No.202 of 2022 JUDGMENT (By G.R.Swaminathan, J.) The respondent herein married the appellant on 15.12.1988 as per Christian rites and customs. A girl child was born through the wedlock. The relationship between the parties came under strain. The respondent filed I.D.O.P.No.384 of 2013 on the file of Family Court, Nagercoil seeking restitution of conjugal rights. An ex parte decree came to be passed on 14.10.2017. To set aside the same, the appellant herein filed I.A.No.130 of 2018. It was dismissed for default on 08.08.2019. Seeking its restoration, the appellant herein filed I.A.No.1 of 2021 under Order IX Rule 9 of the Civil Procedure Code. The Court below dismissed the same vide order dated 08.10.2021. Challenging the same, this civil miscellaneous appeal has been filed. 2. The delay occasioned in filing the restoration application is 944 days. The appellant herein had given family quarrels and problems and her physical ill health as the reason for not being able to file the application in time. The Court below rightly held that the reasons projected by the appellant are not sufficient to condone the huge delay of 2/4 C.M.A.(MD)No.202 of 2022 944 days. We are of the view that the order of the Court below is well reasoned and that it does not call for interference. We clarify that the dismissal of this civil miscellaneous appeal will not have any bearing on the maintenance claims of the appellant herein. 3.With the aforesaid observation, this civil miscellaneous appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (M.D.S. J.,) 18.08.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To: The Family Court, Kanyakumari at Nagercoil. Copy to: The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 C.M.A.(MD)No.202 of 2022 G.R.SWAMINATHAN, J. and M.D.SUMATHI , J. ias C.M.A.(MD)No.202 of 2022 18.08.2026 4/4