Karnataka High Court
Mr Jehovah Reuben Victor Dass vs Smt Dr. Amrita Sharma on 19 February, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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MFA No. 1836 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 1836 OF 2020 (IDA)
BETWEEN:
Mr. Jehovah Reuben Victor Dass
S/o. Sri. Victor Dass,
37 years,
# 3453, 5th Cross, 10th Main,
Indiranagar II Stage,
Bangalore-560 038.
...Appellant
(By Sri. Prabhakar J., Advocate)
AND:
Smt. Dr. Amrita Sharma
W/o. Mr. Jehovah Reuben Victor Dass,
Digitally signed by KORLAHALLI
Age:35 years,
BHARATHIDEVIKRISHNACHARYA
Location: High Court of Karnataka
# Type II/3, Alok Nagar,
TPC Colony, Auralya, Uttar Pradesh.
Also At Ladies Hostel, 6th Cross,
Near Wilson Garden Police Station,
Wilson Garden, Bangalore-560 027.
...Respondent
This Miscellaneous First Appeal is filed under Section
19(1) read with Section 55 of Indian Divorce Act, praying to set
aside judgment and decree of dismissal dated 15.07.2016 by
the III Additional Principal Judge, Family Court, Bangalore, and
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MFA No. 1836 of 2020
to remand the Petition bearing M.C.No.443/2015 on the file of
the III Addl. Principal Judge, Family Court, Bengaluru, and to
consider the grounds urged by the appellant in the Trial Court,
in the interest of justice and equity.
This Miscellaneous First Appeal coming on for Orders
through Physical Hearing/Video Conferencing this day,
Dr.H.B.Prabhakara Sastry, J., made the following:
ORDER
Learned counsel for the appellant is neither present
physically nor through Video Conference. No reasons are
forthcoming for his non-appearance.
2. On 08.02.2024, this Court had made the following
observations :
" Learned counsel for the appellant is present.
On the last date of hearing it is directed to the
appellant to take appropriate steps by furnishing
correct, complete and present address of the
respondent.
As the similar step was taken by the appellant
before the trial Court also, once again learned
counsel for the appellant intends to take substituted
service of notice to respondent.
It is directed to the learned counsel for the
appellant to furnish the correct, complete and
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present address of the respondent, even then he
has not complied the same.
List the matter at 2.30 p.m.
In case, if, learned counsel for the appellant
fails to take appropriate steps by furnishing correct,
complete and present address of the respondent,
appropriate order, including dismissal of the appeal
follows.
Called again in the afternoon.
Learned counsel for the appellant is physically
present.
He submits that paper publication be issued to
serve the notice on the respondent.
On perusal of the order sheet, it shows that,
notice issued to the respondent returned with postal
shara in the given address as "no such person is
residing". If that is so, the appellant is expected to
ascertain the correct, complete and present address
and take appropriate steps to serve the notice on the
respondent. But the appellant has filed an
application for paper publication,.
Learned counsel for the appellant prays time to
take appropriate steps.
However, one week time is granted to the
appellant to take appropriate steps for service of
notice on the respondent, in case, if the appellant
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fails to take appropriate steps, the appeal will be
dismissed by next date.
Accordingly, I.A.No.1/2024 is dismissed.
List the matter on 19.02.2024."
3. In spite of the above, the appellant has neither
taken appropriate steps for service of notice to the
respondent nor appeared at least through Video
Conference and made any submissions for not taking the
steps.
In the light of the above, as observed by this Court
on 08.02.2024, the Appeal stands dismissed for not
taking the steps and for non-prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
