Dismissed¶27

Mrs. Nirmala a v. Mr. Madesha D

Karnataka HC10 Oct 2025MFA/3135/2017

Case brief

AI extract

What is this about?

Dismissal of a Miscellaneous First Appeal (Family Courts Act S.19(1)) at the instance-stage for the appellant's non-pursuance: appellant Smt. Nirmala.A absent, whereabouts unknown after vacating tenanted premises, notice to engage another counsel returned unserved; divorce decree of 01.03.2017 in M.C. No. 69/2013 (Mysuru Family Court) under Section 13(1)(ia) Hindu Marriage Act left undisturbed; Karnataka HC DB (Banerji & Aravind JJ.), 10 Oct 2025; NC 2025:KHC:40026-DB.

What did the court decide?

Since the notice issued to the appellant to engage another counsel was returned unserved and it appears the appellant is not interested to pursue the appeal, the Miscellaneous First Appeal is dismissed. ¶27

Mrs. Nirmala a Vs Mr. Madesha D — Matrimonial and Divorce | Karnataka HC (2025)

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NC: 2025:KHC:40026-DB MFA No. 3135 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO. 3135 OF 2017 (FC)

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BETWEEN:

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MRS. NIRMALA.A, WIFE OF MADESHA.D, AGED ABOUT 27 YEARS, C/O KEMPEERAIAH, RESIDENT OF NES LAYOUT, KHB COLONY, 2ND MAIN ROAD, NEAR ANITHA CONVENT, MALAVALLI TOWN-571 430, MANDYA DISTRICT,

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…APPELLANT Digitally (APPELLANT-SMT.NIRMALA.A., ABSENT) signed by K G RENUKAMBA AND: Location: HIGH COURT MR.MADESHA.D, OF KARNATAKA SON OF DASA NAYAKA, AGED ABOUT 36 YEARS, RESIDENT OF GADDEMOLE VILLAGE, VYASARAJAPURA POST, T.NARASIPURA TALUK-571 124, MYSURU DISTRICT.

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…RESPONDENT

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(BY SRI.SHARATH GOWDA G B., ADVOCATE)

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2 - NC: 2025:KHC:40026-DB MFA No. 3135 of 2017

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HC-KAR

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THIS MFA IS FILED UNDER SECTION 19 (1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.03.2017 IN M.C.NO. 69/2013 ON THE FILE OF THE I ADDL. PRL. FAMILY COURT AT MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13 (1)(ia) OF HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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Pursuant to the previous order dated 04.08.2025

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passed by this Court, the office had issued notice to the appellant to engage another counsel. However, the notice has been returned as 'unserved' with a noting that the appellant was residing in a tenanted premises which has been vacated by her some time back and her whereabouts are not known.

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NC: 2025:KHC:40026-DB MFA No. 3135 of 2017

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HC-KAR

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