Miscellaneous First Appeal filed against a family court judgment allowing divorce. The appeal was dismissed for want of prosecution as the appellant was not present and showed no interest in prosecuting the case.
The appeal was dismissed for want of prosecution; the pending interlocutory application was also dismissed.
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.
MFA No.3581 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO.3581 OF 2018 (FC)
BETWEEN:
Digitally signed by RUPA V Location: High Court of Karnataka
(BY SRI. CHANDRASHEKAR, ADV.,)
AND:
…APPELLANT
…RESPONDENT
(BY SRI. KUSUM RANGANATH, ADV.,)
THIS MFA IS FILED U/S.19(1) R/W SEC.28(1) OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DT.14.12.2017 PASSED ON MC NO.3147/2014 ON THE FILE OF THE 6TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED U/S.13(1)(ia)and(ib) OF THE HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
MFA No.3581 of 2018
JUDGMENT
Mr.Chandrashekar, learned counsel for the
appellant has filed a memo seeking leave of this Court to retire from the case. The aforesaid memo is taken on record.
He is permitted to retire from the case.
the appellant is not interested in prosecuting the appeal.
Accordingly, the appeal is dismissed for want of prosecution.
Consequently, the pending interlocutory
application is also dismissed.
Sd/JUDGE
Sd/JUDGE
RV
2 issues framed by the court
Whether the appeal can be maintained in the absence of the appellant.
Whether the appeal will be dismissed for want of prosecution.
2 provisions across 1 enactments
R. Mariswamy
Smt. B. Bhagya
Alok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
