In this miscellaneous first appeal challenging a divorce decree, the appellant did not appear before this Court despite notice. The Court held the appellant was not interested in prosecuting the matter and dismissed the appeal for non-prosecution.
The miscellaneous first appeal was dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A.No.1760/2013
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2022
:PRESENT:
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE S.RACHAIAH
MISCELLANEOUS FIRST APPEAL NO.1760/2013 (MC)
BETWEEN:
C.L.RANGANATHA KUMAR S/O C.P.LAKSHMINARAYANA JOIS AGED ABOUT 31 YEARS ASSISTANT PUROHIT R/O DHARMASHALA ROAD CHITRADURGA – 577 501 ...APPELLANT
(BY SRI.C.L.RANGANATHA KUMAR (ABSENT))
AND:
PRIYANKA W/O C.L.RANGANATHA KUMAR D/O NARAYANAMURTHY KULAKARNI AGED ABOUT 23 YEARS NEAR CHIDAMBARA MAHAKSHETRA KENGERI, MURUGODA SAVADATTI TALUK BELGAUM DISTRICT – 591119 …RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, SET ASIDE THE JUDGMENT AND DECREE DATED 29.09.2012 PASSED IN M.C.NO.75/2010 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, DISMISSING THE PETITION FILED UNDER SECTION 13(1) (A) (F) OF HINDU MARRIAGE ACT, 1955 SEEKING THE RELIEF OF DIVORCE.
M.F.A.No.1760/2013
2
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, K.S.MUDAGAL J ., DELIVERED THE FOLLOWING:
JUDGMENT
Despite service of Court notice, the appellant has not appeared to represent the matter. It appears that the appellant is not interested in prosecuting the matter. Therefore the appeal is dismissed for non-prosecution.
Sd/JUDGE
Sd/-
JUDGE
PKN
2 issues framed by the court
Whether the first appeal in matrimonial divorce proceedings should be allowed or dismissed in the absence of the appellant.
Whether the appeal satisfies the test of meritorious grounds for admission.
2 provisions across 1 enactments
C.L.RANGANATHA KUMAR
PRIYANKA
K.S.MUDAGAL
S.RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
