(Judgment of the Court was made by R.SUBRAMANIAN,J.) The husband is the appellant. He has filed a suit for declaration that the respondent is not his legally wedded wife and for permanent injunction restraining her from interfering with his peaceful life in O.S.No.39 of 2003. The respondent/wife had filed FCOP No.932 of 2001, seeking restitution of congujal rights and M.C.No.289 of 2000 seeking maintenance. All the three cases were clubbed together and a common judgment was delivered.
2.The learned Family Judge decreed the suit in O.S.No.39 of 2003 having found that the respondent is not the legally wedded wife. The petition for restitution of conjugal rights in FCOP No.932 of 2001 and the maintenance case in M.C.No.289 of 2000 were dismissed. However, the family court imposed a cost of Rs.15,000 on the appellant on compassionate grounds. Against the said imposition of cost of Rs.15,000/-, the husband has preferred this appeal.
3.The wife has not chosen to appear in this proceeding despite service of notice. She has also not challenged the decree declaring that she is not the legally wedded wife. In such circumstances, we do not find any justification in awarding cost of Rs.15,000/- on compassionate grounds.
4.In the light of the above, the appeal is allowed and the direction made by the learned family judge regarding payment of cost is set aside. It is stated by the learned counsel for the appellant that pursuant to an interim order dated 26.04.2007, the appellant had deposited a sum of Rs.15,000/- to the credit of the suit in O.S.No.39 of 2003 on the file of the Family Court, Chennai. The appellant is entitled to withdraw the same. There shall be no order as to cost. The connected miscellaneous petition is closed.