An appeal by a husband against a divorce dismissal was dismissed by the Family Court for automatic dismissal due to failure to file proof of service of notice within the granted time limit.
Appeal dismissed as it automatically stood dismissed for failure to file proof of service.
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THE HON’BLE SRI JUSTICE M. GANGA RAO AND
THE HON’BLE SRI JUSTICE B. SYAMSUNDER
FAMILY COURT APPEAL No.35 of 2006
JUDGMENT: [per Hon’ble Sri Justice M. Ganga Rao]
The appellant-petitioner-husband filed this appeal being
aggrieved by the order dated 27.12.2005 in OP.No.352 of 2002 on the file of the learned Judge, Family Court at Visakhapatnam whereby the petition filed by him against the respondent-wife seeking dissolution of marriage came to be dismissed.
The appeal has been admitted by order dated 17.03.2006. On 22.04.2015, this Court passed the following order:
“..In the cause title, house number of the respondent is not mentioned, except mentioning the address as Dharma Nagar, Visakhapatnam. As the appeal is of the year 2006 and notice is not yet served, this Court permitted the learned counsel for appellant to serve notice by order dated 4.2.2015. Thereafter, the matter was adjourned to 4.3.2015 and 25.3.2015 for filing proof of service. Inspite of the same, till date no proof is filed.
Finally, time is granted till 5.6.2015 for filing proof of service. Failing to file proof by the said date, the appeal shall automatically stand dismissed.
Post on 5.6.2015.’
Since even thereafter, no proof of service is filed, giving effect to
the said order, the F.C.A. is dismissed. No order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
__________________ M.GANGA RAO, J
____________________ B. SYAMSUNDER, J
07.11.2022 Vjl
THE HON’BLE SRI JUSTICE M. GANGA RAO
AND
THE HON’BLE SRI JUSTICE B. SYAMSUNDER
F.C.A.No.35 of 2006
[per MGR,J]
07.11.2022
Vjl
2 issues framed by the court
Whether the appeal dismissed for failure to file proof of service under a prior order.
Whether pending miscellaneous applications stand closed consequentially.
Appellant-petitioner-husband
Respondent-wife
M. GANGA RAO
B. SYAMSUNDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
