The High Court dismissed a Civil Miscellaneous Appeal seeking divorce for non-prosecution, noting that the appellant's counsel could not obtain instructions and no service of notice on the respondent had been undertaken since the appeal's filing.
The Civil Miscellaneous Appeal was dismissed for non-prosecution. No costs.
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.
C.M.A.No. 973 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2023
THE HON'BLE MRS. JUSTICE J. NISHA BANU AND THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
C.M.A.No. 973 of 2016
G. Bhuvaneswari @ Bhuvani ... Appellant/ petitioner Vs. Arjunan ...Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, to allow the appeal by setting aside the order of dismissal dated 16.02.2013 in H.M.O.P. 29 of 2014 on the file of Family Court Judge of Erode (old H.M.O.P. N: 224 of 2011 on the file of Principal Subordinate
Judge of Erode) consequently pass a Decree of divorce in favour of appellant / Petitioner.
For Appellant : Mr. R. Aranganathan. For Respondent : Steps due
ORDER
When the matter came up for hearing on 05.06.2023, learned
counsel for the appellant has stated that he was not able to contact his client
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C.M.A.No. 973 of 2016
and sought adjournment to get instructions from his client. Hence, the matter was directed to be posted on 12.06.2023.
Msv
(J.N.B,J.) (D.B.C,J.) 12.06.2023
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C.M.A.No. 973 of 2016
J. NISHA BANU, J. and D.BHARATHA CHAKRAVARTHY,J.
Msv
C.M.A. 973 of 2016
12.06.2023
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1 issue framed by the court
Whether the Civil Miscellaneous Appeal should be allowed in light of the appellant's non-prosecution.
G. Bhuvaneswari @ Bhuvani
Arjunan
J. NISHA BANU
D. BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
