Mr. Suryakumar vs Mrs. Harinakshi
2022 Latest Caselaw 11853 Kant

                                       M.F.A.No.10378/2013

                             1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF SEPTEMBER 2022

                         PRESENT

         THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

                           AND

           THE HON'BLE MR. JUSTICE S.RACHAIAH

 MISCELLANEOUS FIRST APPEAL NO.10378/2013(FC)
BETWEEN:

MR.SURYAKUMAR
S/O LATE KUTTIPPA
AGED ABOUT 45 YEARS
AND RESIDING AT "ANUGRAHA"
BEHIND AMBIKA APARTMENT
BEJAI, MANGALORE - 580 404                     ...APPELLANT

(BY SMT.SUDHA S N, ADVOCATE)

AND:

MRS.HARINAKSHI
W/O SURYAKUMAR
D/O THIMMAPPA MASTER
AGED ABOUT 42 YEARS
AND RESIDING AT "HARININIVAS"
JODUKALLU, POST KAYYAR
KASARAGOD TALUK AND DISTRICT - 580 142       ...RESPONDENT

(BY SRI.B.S.PRASAD, ADVOCATE)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURT ACT PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 30.09.2013 PASSED
IN M.C.NO.8/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY
COURT, D.K.MANGALORE.
                                                    M.F.A.No.10378/2013

                                     2

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
FURTHER HEARING THIS DAY, K.S.MUDAGAL J., DELIVERED
THE FOLLOWING:

                          JUDGMENT

Learned Counsel for the appellant submits that though

the appellant informed that respondent is dead, despite her

several reminders, he has not turned up to furnish the death

certificate of the respondent for confirmation that she is

dead.

2. This appeal is pending about 10 years. By the

impugned judgment and decree the trial Court has dismissed

the appellant's petition for divorce on the ground of

desertion. It appears that the appellant is not interested in

prosecuting the matter. Therefore the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

PKN