A miscellaneous first appeal in a matrimonial matter was dismissed after the appellant's counsel repeatedly failed to comply with office objections despite seven opportunities and a last chance with a cost requirement, indicating non-prosecution of the appeal.
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.
NC: 2024:KHC:2236-DB MFA No. 1419 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2024 PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 1419 OF 2023 (MC)
BETWEEN:
SMT. DIVYA. D.B. @ PUTTASIDDAMMA AGED ABOUT 28 YEARS, W/O HANUMANTHAPPA H.D. R/AT DUGGANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.
…APPELLANT (BY SRI. DINAKAR M.P., ADVOCATE) AND:
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
SRI. HANUMANTHU H.D. AGED ABOUT 33 YEARS, S/O DYAVANNA, R/AT HANCHIPURA VILLAGE, MALAVALLI TALUK, MANDA DISTRICT.
…RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 28(1) OF HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND DECREE DATED 28.10.2022 PASSED IN MC NO. 1/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 13(1)OF THE HINDU MARRIAGE ACT, 1955.
NC: 2024:KHC:2236-DB MFA No. 1419 of 2023
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, DR.H.B.PRABHAKARA SASTRY J., DELIVERED THE FOLLOWING:
ORDER
Called again in the afternoon.
following observation:
"Even in the afternoon session, none appears.
Though six adjournments have been granted for compliance of office objections, office objections are not complied with. The appeal deserves to be dismissed for noncompliance of office objections. However, in the interest of justice, one more opportunity is granted to the appellants to comply with the office objections subject to appellants paying cost of Rs.500/in the Legal Services
Committee, High Court of Karnataka, Bengaluru within a week.
List next week."
Sd/JUDGE
Sd/JUDGE
]Sk/List No.: 1 Sl No.: 15
1 issue framed by the court
Should the miscellaneous first appeal be dismissed for repeated non-compliance with office objections and non-prosecution?
2 provisions across 2 enactments
Smt. Divya D.B. @ Puttasiddamma
Sri Hanumanthu H.D.
H.B. Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
