Research › Search › Judgment

Madras High Court · body

2023 DAILYLAW 5540 (MAD)

Ramya Vaithiyanathan v. Rajesh Kumar

CMA(MD)/1160/2023 · 2026-07-28

K K Ramakrishnan, N Anand Venkatesh

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.M.A(MD)No.419 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2026 CORAM: THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA C.M.A(MD)Nos.1160 of 2023 and C.M.P(MD)No.15500 of 2023 and C.M.A(MD)No.8 of 2024 and C.M.P(MD)Nos.9099, 7836, 19442 and 19444 of 2025 C.M.A(MD)No.1160 of 2023 Ramya Vaithiyanathan ... Appellant -vs- Rajesh Kumar ...Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, to allow the Civil Miscellaneous Appeal and call 1/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.419 of 2023 for the fair and decreetal order passed by the Family Court, Thanjavur in H.M.O.P.No.67 of 2020, dated 08.09.2023 and set aside the same. For Appellant : Mrs.V.Ramya Party-in-person For Respondent : Mr.R.Ponkarthikeyan C.M.A(MD)No.8 of 2024 Ramya Vaithiyanathan ... Appellant -vs- Rajesh Kumar ...Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, to allow the Civil Miscellaneous Appeal and call for the fair and decreetal order passed by the Family Court, Thanjavur in H.M.O.P.No.102 of 2022, dated 08.09.2023 and set aside the same. For Appellant : Mrs.V.Ramya Party-in-person For Respondent : Mr.R.Ponkarthikeyan 2/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.419 of 2023 COMMON JUDGMENT (Judgment of the Court was delivered by G.K.ILANTHIRAIYAN, J.) When the matter was listed on 03.12.2025, at the request of the appellant, it was adjourned to 28.01.2026 under the caption “for final hearing.” When the matter was taken up for hearing on 28.01.2026, the appellant did not appear and was represented by her mother, who submitted that the appellant had met with an accident and, therefore, could not be present before this Court. Accordingly, at the request of the appellant, this Court adjourned the matter to 23.02.2026. Today, when the matter was taken up, the appellant again did not appear. Her mother appeared before this Court and submitted that the appellant was still unable to attend as she had not yet recovered from her illness. However, the mother of the appellant did not produce any record to substantiate that her daughter had met with an accident or that she was undergoing treatment. 3/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.419 of 2023 2. On the other hand, the learned counsel for the respondent submitted that the appellant has filed a complaint under the Domestic Violence Act and has also filed an Execution Petition claiming arrears of maintenance, in which proceedings she is regularly appearing before the learned Judicial Magistrate Court as well as the Execution Court. 3. It appears that the appellant did not appear before this Court only to delay the proceedings and failed to prosecute the appeal. Therefore, both appeals are dismissed for default. No costs. Consequently, connected miscellaneous petitions are closed. [G.K.I.J.,] & [R.P.J.,] NCC :Yes/No 24.02.2026 Index :Yes/No am 4/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.419 of 2023 To 1.The Family Court, Thanjavur. 2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.419 of 2023 G.K. ILANTHIRAIYAN, J. AND R. POORNIMA , J. am C.M.A(MD)Nos.1160 of 2023 and C.M.A(MD)No.8 of 2024 24.02.2026 6/6 https://www.mhc.tn.gov.in/judis