Miscellaneous first appeal under Section 55 of the Indian Divorce Act against a divorce decree was dismissed for non-prosecution, as the appellant failed to appear despite four adjournments and did not comply with office objections.
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NC: 2024:KHC:2001-DB MFA No. 6437 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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. 6437 OF 2023 (IDA)
BETWEEN:
SMT. REKHA W/O VIMAL KUMAR, D/O SHEKAR, AGED ABOUT 28 YEARS, RESIDING AT NO. 63, 5TH CROSS, MUNE GOWDA GARDEN, NEELASANDRA, VIVEKNAGAR, BENGALURU - 560 047.
…APPELLANT
(BY SRI. BALAJI R., ADVOCATE) AND:
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
SRI VIMAL KUMAR S/O LATE VINCENT, AGED ABOUT 30 YEARS, RESIDING AT NO. 265, DODDANNA GARDEN, OPPOSITE D.J.HALLI, CORPORATION CIRCLE, BENGALURU - 560 045.
…RESPONDENT
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 55 INDIAN DIVORCE ACT, AGAINST THE JUDGMENT
AND DECREE DATED 30.05.2023 PASSED IN M.C.NO. 833/2021 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 10(ix) AND (x) OF THE INDIAN DIVORCE ACT.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, RAMACHANDRA D. HUDDAR J., DELIVERED THE FOLLOWING:
ORDER
Called again in the afternoon.
physically or through Video Conference. Learned counsel
for respondent No.2 alone is physically present.
that inspite of granting sufficient opportunity for four times, the appellant has not complied the office objections.
Matter is being listed to comply with office objections for which, the appellant has not evinced interest to comply the same inspite of sufficient adjournments and pass overs.
NC: 2024:KHC:2001-DB MFA No. 6437 of 2023
appearance. Hence, the Appeal stands dismissed for nonprosecution as well as for non-compliance of office objections.
Sd/JUDGE
Sd/JUDGE
Sk/List No.: 1 Sl No.: 4
2 provisions across 1 enactments
Smt. Rekha W/o Vimal Kumar
Sri Vimal Kumar
H.B.Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
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