Smt. T Rajalaxmi v. Sri. G Manikanda Prabhu

Karnataka HC23 Jan 2025MFA/9611/2017

Case brief

AI extract

What is this about?

Dismissal for non-prosecution of MFA No. 9611/2017 (FC), NC: 2025:KHC:3060-DB, High Court of Karnataka, Bengaluru, decided 23-01-2025. Appellant: Smt. T Rajalaxmi (adv. Srikanth M, absent); Respondent: Sri G Manikanda Prabhu (adv. Kiran S Rozario). Appeal under S.19(1) Family Courts Act against judgment and decree dated 30.11.2017 in MC.No.463/2016, V Addl. Prl. Judge, Family Court Bengaluru, granting divorce under S.13(1)(ia) Hindu Marriage Act, 1955. Cost of Rs.3,000/- (orders dated 5.6.2024 and 20.12.2024) unpaid; appellant reported remarried with a child from second marriage. Bench: K.S. Mudagal J. (author) and C.M. Poonacha J.

What did the court decide?

The appeal is dismissed for non-prosecution. ¶27-28

Smt. T Rajalaxmi Vs Sri. G Manikanda Prabhu — Matrimonial and Divorce | Karnataka HC (2025)

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NC: 2025:KHC:3060-DB MFA No. 9611/2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL

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AND

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THE HON'BLE MR JUSTICE C.M. POONACHA

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MISCELLANEOUS FIRST APPEAL NO. 9611/2017 (FC)

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BETWEEN:

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SMT. T RAJALAXMI W/O MANIKANDA PRABHU D/O N THANGAVELU AGED ABOUT 32 YEARS R/AT NO.5/A1, MM HOUSING TEACHERS COLONY, 1ST STREET MEENAKSHI NAGAR, GANAPA HY COIMBATORE 641006

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…APPELLANT (BY SRI. SRIKANTH M, ADVOCATE(ABSENT))

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AND:

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Digitally signed by PRABHU KUMARA NAIKA Location: High Court of Karnataka

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SRI. G MANIKANDA PRABHU S/O SRI P. GOVINDA AGED ABOUT 35 YEARS R/AT NO.G4, SAI KRIPA APARTMENT, ARVIND LAYOUT, J.P. NAGAR 5TH PHASE, BANGALORE 560 078.

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…RESPONDENT (BY SRI. KIRAN S ROZARIO, ADVOCATE FOR C/RESPONDENT)

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THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2017 PASSED IN MC.NO.463/2016 ON THE FILE OF THE V ADDITIONAL PRL. JUDGE, FAMILY COURT BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (ia) OF HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE AND ETC.

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2 - NC: 2025:KHC:3060-DB MFA No. 9611/2017

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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 MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

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No representation for the appellant till 3.20 pm.

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The order dated 5.6.2024 for payment of cost of

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`3,000/- and the subsequent order dated 20.12.2024 in that regard are not complied with.

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Learned counsel for the respondent submits that the appellant has already remarried and begot a child from her second marriage. Therefore, it appears, the appellant is not interested in prosecuting the matter.

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