The appellant in a Mattrimonial First Appeal under Section 28 of the Hindu Marriage Act was absent and deemed not interested in prosecuting the appeal. Consequently, the High Court dismissed the appeal for non-prosecution.
Appeal dismissed for non-prosecution due to the appellant's absence and lack of interest.
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.7451/2013
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH 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.7451/2013 (MC)
BETWEEN:
SMT.C.M.HEMA W/O K.SATISHA AGED ABOUT 26 YEARS R/AT NEAR VARTHAKARA BHAVANA GANDHINAGARA CHIKMAGALUR CITY – 577 101
PRESENTLY R/AT C/O VISHWANATH VIT CROSS, OPP:EMVEE SOLAR FACTORY BESIDES KADAMBARI FARM YELAHANKA, JALA HOBLI BANGALORE NORTH TALUK BANGALORE – 560 064 ...APPELLANT
(BY SMT.C.M.HEMA [ABSENT])
AND:
K.SATHISHA S/O KRISHNE GOWDA AGED ABOUT 31 YEARS WORKING AT CABLE NET WORK R/AT HOSAMANE EXTENSION CHIKMAGALUR – 577 101 PRESENTLY R/AT SHYLAJA NETWORK AGRAHARA CIRCLE, KOTE CHIKKAMAGALUR – 577 101 …RESPONDENT
M.F.A. No.7451/2013
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT, 1955 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.09.2012 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKMAGALUR IN M.C.NO.116/2011 ALLOWING THE PETITION FILED UNDER SECTION 13(1) OF HINDU MARRIAGE ACT, 1955 FOR DECREE OF DIVORCE.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned Counsel for the appellant has submitted memo
of retirement after issuing notice to the appellant. The said notice is returned with endorsement that there is ‘no such person in the given address’. Therefore considering his submission, learned Counsel for the appellant is permitted to retire.
Sd/JUDGE
Sd/JUDGE
KSR
1 issue framed by the court
Whether the Miscellaneous First Appeal filed under Section 28 of the Hindu Marriage Act, 1955 should be decided on merits.
2 provisions across 1 enactments
C.M.HEMA W/O K.SATISHA
K.SATHISHA S/O KRISHNE GOWDA
K.S.MUDAGAL
S.RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
