The High Court of Karnataka dismissed an appeal filed under Section 28(1) of the Hindu Marriage Act. The appellant's counsel was absent and failed to deposit Rs. 10,000 towards litigation expenses, leading to the dismissal of the appeal.
The appeal is dismissed due to non-deposit of litigation expenses.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 19TH DAY OF APRIL, 2021
PRESENT
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON’BLE MR.JUSTICE E.S.INDIRESH
MFA NO.103894/2018 (MC)
BETWEEN
SRI. AGALURAPPA S/O AMARAPPA AGE: 41 YEARS, OCC: AGRICULTURIST, R/O: HANAWAL VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL. 582 114
…APPELLANT
(BY SRI.K ANANDKUMAR, ADVOCATE)
AND SMT. GANGAMMA W/O AGALURAPPA AGE: 37 YEARS, OCC: HOUSEHOLD AND COOLIE, R/O: HANAWAL, TQ: GANGAVATHI, DIST: KOPPAL. 582 114.
…RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 04.01.2018 PASSED IN M.C. NO.16/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GANGAVATHI, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(1A) OF THE HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, SREENIVAS HARISH KUMAR J., PASSED THE FOLLOWING:
: 2 :
ORDER
Appellant’s counsel is absent. On 06.04.2021,
appellant’s counsel prayed for one week time to deposit Rs.10,000/towards litigation expenses of the respondent. So far, the said amount has not been deposited. Therefore, the appeal is dismissed.
Sd/-
JUDGE
Sd/JUDGE
sh
1 issue framed by the court
Whether the appeal under Section 28(1) of the Hindu Marriage Act could be heard in the absence of the appellant's counsel who failed to deposit the required litigation expenses?
1 provisions across 1 enactments
Agalurappa s/o Amarappa
Gangamma w/o Agalurappa
Sreenivas Harish Kumar
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
