Wife's appeal against a divorce decree decreeing dissolution of marriage under the Hindu Marriage Act. Appellant absent and uninterested in prosecuting; counsel permitted to retire after serving retirement notice. Appeal dismissed for non-prosecution.
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NC: 2024:KHC:27154-DB MFA No.3767/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2024 PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3767/2017 (FC)
BETWEEN:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
SMT. MARILYN SINGHA W/O SRI. GEET CHANDRA SINGHA AGED ABOUT 38 YEARS R/A SONAI ROAD RAM MOHAN SORONI POLICE STATION SILCHAR SILCHAR 788006 P.O. RANGIR KHARI CACHAR, ASSAM.
…APPELLANT
(BY SMT. MARILYN SINGHA, APPELLANT (ABSENT))
AND:
SRI. GEET CHANDRA SINGHA S/O SRI. GOLAMJAT SINGHA, AGED ABOUT 40 YEARS R/A NO.1, 5TH CROSS VICTORIA LAYOUT BANGALORE 560047.
…RESPONDENT
(V/O/DTD:28.06.2023 NOTICE TO RESPONDENT IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT 1984, AGAINST THE JUDGMENT AND DECREE DATED 24.06.2013 PASSED IN M.C.NO.3662/2012 ON THE FILE OF THE IV PRINCIPAL ADDITIONAL JUDGE FAMILY COURT AT BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 13(1) OF HINDU MARRIAGE ACT.
NC: 2024:KHC:27154-DB MFA No.3767/2017
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits memo with copies of retirement notice, postal receipt and postal track report.
As per the said postal record, retirement notice is served on the appellant on 06.07.2024. Under such circumstances, counsel for the appellant is permitted to retire.
Appellant is absent. It appears that the appellant is not interested to prosecute the appeal. Therefore, the appeal is dismissed for non-prosecution.
Sd/JUDGE
Sd/JUDGE
BSR
List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution when the appellant was absent and counsel sought retirement.
2 provisions across 2 enactments
Smt. Marilyn Singha
Sri. Geet Chandra Singha
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
