Sri. K Thirumurthy vs Smt. B. Gnanambal
2024 Latest Caselaw 11901 Kant

Karnataka High Court

Sri. K Thirumurthy vs Smt. B. Gnanambal on 29 May, 2024

                                             -1-
                                                       NC: 2024:KHC:18128-DB
                                                           MFA No. 5311/2017



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 29TH DAY OF MAY, 2024

                                         PRESENT

                       THE HON'BLE MRS JUSTICE K.S.MUDAGAL

                                             AND

                   THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL

                 MISCELLANEOUS FIRST APPEAL NO.5311/2017 (FC)

                BETWEEN:

                SRI K.THIRUMURTHY
                S/O LATE K.N.KRISHNAN
                AGED ABOUT 62 YEARS
                R/AT G-1186, 7TH CROSS
                C.T.S. COLONY, MARATHALLI
                BENGALURU                                      ...APPELLANT

                (BY SRI DEEPAK J, ADVOCATE [ABSENT])

                AND:

                SMT. B. GNANAMBAL
                D/O LATE BALASUNDARAM
Digitally       AGED ABOUT 62 YEARS
signed by K S
RENUKAMBA       R/AT NO.6, D-10, 2ND FLOOR
Location:       WATCH FACTORY COLONY
High Court of   JALAHALLI POST
Karnataka
                BENGALURU -560 031                           ...RESPONDENT

                (BY SMT.T.G.SUDHA, ADVOCATE)


                     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                SECTION 19(1) OF FAMILY COURT ACT PRAYING TO SET ASIDE
                THE JUDGMENT AND DECREE DATED 07.04.2017 PASSED BY IV
                ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN
                M.C.NO.1380/2011 DISMISSING THE PETITION FILED UNDER
                SECTION 13(1)(ia)&(ib) OF HINDU MARRIAGE ACT.
                                -2-
                                           NC: 2024:KHC:18128-DB
                                               MFA No. 5311/2017



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

No representation for the appellant.

2. Learned Counsel for the respondent submits that

the parties are living separately for many years, the appellant

has remarried and he is also not interested in prosecuting the

matter. She opposes adjournment.

3. As per the cause title furnished by the appellant

himself, the parties were aged 62 years in 2017. They are

completing their seventh decade of their age. The records

show that consistently there is no representation on the

appellant's side since many hearing dates. Therefore the

appeal is dismissed for non prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

KSR