Dismissed¶39

Smt Asha v. Sri N S Manjappa

Karnataka HC3 Nov 2025MFA/6526/2017

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; MFA No. 6526 of 2017 (FC); dismissal for non-prosecution; appellant absent; adjournment sought citing settlement talks; uncomplied direction dated 11.08.2025 for translated copies; appeal under Section 19(1) Family Court Act against divorce decree dated 10.06.2016 in M.C.No.88/2013, Family Court, Shivamogga, granted under Section 13(1)(ia) Hindu Marriage Act; bench: Jayant Banerji and K. V. Aravind, JJ.; decided 03.11.2025.

What did the court decide?

The Miscellaneous First Appeal is dismissed for non-prosecution, no one having appeared for the appellant when the matter was listed for dismissal. ¶39

Smt Asha Vs Sri N S Manjappa — Matrimonial and Divorce | Karnataka HC (2025)

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NC: 2025:KHC:43909-DB MFA No. 6526 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI

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AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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MISCELLANEOUS FIRST APPEAL No. 6526 OF 2017 (FC)

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BETWEEN:

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SMT. ASHA, W/O N. S. MANJAPPA, AGED ABOUT 35 YEARS, R/O NEAR NANJUNDESHWARA RICE MILL, B.H. ROAD, NIDHIGE, SHIVAMOGGA TALUK-577 201.

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…APPELLANT

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(BY SRI K. V. SATEESHCHANDRA, ADVOCATE(ABSENT))

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AND:

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Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA

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SRI N. S. MANJAPPA, S/O. LATE. SANKAPPA, AGED ABOUT 46 YEARS, MERCHANT AND AGRICULTURIST, R/O NEAR NANJUNDESHWARA RICE MILL, B.H. ROAD, NIDHIGE, SHIVAMOGGA TALUK 577 201.

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…RESPONDENT

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(BY SRI S.V. PRAKASH, ADVOCATE)

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THIS MFA FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 10.06.2016 PASSED IN M.C.No.88/2013 ON THE FILE OF THE

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2 - NC: 2025:KHC:43909-DB MFA No. 6526 of 2017

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HC-KAR

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PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT.

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THIS APPEAL, COMING ON FOR 'DISMISSAL' 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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When the matter was listed on 16.10.2025, the

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following order was passed.

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" The Learned counsel for the appellant seeks an adjournment on the ground that there are talks of settlement between the parties and the appellant is present in-person, who could vouch for that.

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The Learned counsel for the respondent disputes the fact that any negotiation is going on between the parties.

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We note from the order sheet that on 11.08.2025, a direction was issued to supply translated copies of the documents on record. That has not been complied with. When queried, learned counsel for the appellant states that he had enquired from the appellant a few days back and had come to know there was talks of negotiation going on and therefore, he did not get the translated copies of the documents prepared. The Court then

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NC: 2025:KHC:43909-DB MFA No. 6526 of 2017

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HC-KAR

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asked the counsel to proceed with the arguments. He has expressed his inability to do so and has prayed for a short accommodation. As such, list this matter in the week after the next for dismissal."

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