This judgment records the dismissal of a Miscellaneous First Appeal filed under Section 55 of the Indian Divorce Act. The appeal was dismissed because the appellant failed to comply with a prior order granting two weeks to address office objections.
Appeal dismissed for noncompliance with the order dated 10.01.2023 to file office objections.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2023
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON' BLE MR. JUSTICE S VISHWAJITH SHETTY
MISCELLANEOUS FIRST APPEAL NO. 3336 OF 2019
BETWEEN
MRS. ROSE FURTADO, AGED ABOUT 46 YEARS, W/O IVAN D’SOUZA, RESIDING AT DOOR NO.2-40/1, MUGRODI HOUSE, PADAVINANGADY, MANGALURU.
...Appellant
(By Sri. Anish Acharya, Advocate)
AND
IVAN LAWRENCE FURTADO, AGED ABOUT 49 YEARS, S/O LATE J S FURTADO, R/O DOOR NO.2-40/1, MURAGODI HOUSE, PADVINANGADY, MANGALURU.
……..Respondent
MFA.No.3336/2019 2
This Miscellaneous First Appeal filed U/S 55 of the Indian Divorce Act, against the Judgment and Decree dated 23.02.2019 passed on MC No.292/2017 on the file of the I Additional Principal Judge, Family Court, D.K., Mangaluru, dismissing the petition filed under section 10(1)(ix)(x) of the Indian Divorce Act.
This Miscellaneous First Appeal is coming on for Orders this day, the Court made the following:
O R D E R
Sri Anish Acharya, learned Counsel for the appellant.
Two weeks time is granted to comply with the office objection, failing which the appeal shall stand dismissed without reference to the Bench.
Sd/JUDGE
NOTE: Vide Court Order dt.10.01.2023 the Office Objections are not complied with. Hence Appeal stands dismissed for noncompliance.
COPY
ASSISTANT REGISTRAR T By : MK R By : VL C By: MK
1 issue framed by the court
Whether the Miscellaneous First Appeal could be admitted or disposed of given the non-compliance with the office objection order.
2 provisions across 1 enactments
Mrs. Rose Furtado
Ivan Lawrence Furtado
Alrok Aradhe
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
