Appeal against a family court decree directing shelter to wife and restraint on remarriage was dismissed as the 954-day delay in filing was not explained despite prior opportunity, and no grounds for condonation were made out.
Delay application IA.No.1/2021 dismissed; appeal and pending applications 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.
NC: 2024:KHC:20635-DB MFA No.6625/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.6625/2021 (FC)
BETWEEN:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
SRI. D.C. MAHESH S/O MR. CHANDRA MOULI AGED ABOUT 54 YEARS RESIDING AT NO.562/4C NEAR PRABHA FACTORY SHIVA SHAKTHI NAGAR TOTADA SHAKTHI NAGAR TOTADA PALLI POST PRANDAPALLI, HOSUR TAMIL NADU-635 130.
…APPELLANT
(BY SRI. NAGARAJA S, ADV., [ABSENT])
AND:
SMT. A.V. ANUSUYA DEVI @ M. ANUSUYA DEVI W/O MR. D.C. MAHESH AGED ABOUT 53 YEARS RESIDING AT NO.695/1B SIDDAPPA VATARA BEEDI B B GARDEN ROAD, CHILLE MOHALLA MYSURU-510 004.
…RESPONDENT
(BY SRI. KAPIL DIXIT, ADV., [ABSENT])
THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DT.05.07.2017
NC: 2024:KHC:20635-DB MFA No.6625/2021
PASSED IN O.S.NO.05/2014 ON THE FILE OF THE I ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
No representation for the appellant.
NC: 2024:KHC:20635-DB MFA No.6625/2021
Sd/JUDGE
Sd/JUDGE
ABK
List No.: 1 Sl No.: 17
1 issue framed by the court
Should the 954-day delay in filing the appeal be condoned where the delay was unexplained and the affidavit was deficient?
1 provisions across 1 enactments
Sri. D.C. Mahesh
Smt. A.V. Anusuya Devi @ M. Anusuya Devi
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
