G.D. Suresh vs Smt. Indrani @ Jayalakshmi
2025 Latest Caselaw 10026 Kant

Karnataka High Court

G.D. Suresh vs Smt. Indrani @ Jayalakshmi on 10 November, 2025

                                           -1-
                                                   NC: 2025:KHC:45489-DB
                                                    MFA No. 454 of 2017


                HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 10TH DAY OF NOVEMBER, 2025
                                        PRESENT
                         THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                          AND
                          THE HON'BLE MR. JUSTICE K. V. ARAVIND
                 MISCELLANEOUS FIRST APPEAL NO. 454 OF 2017 (FC)
                BETWEEN:

                G.D.SURESH,
                S/O LATE DODDAPUTTACHAR,
                AGED ABOUT 46 YEARS,
                R/AT NO.9/3, 4TH CROSS,
                7TH MAIN ROAD,
                HONGASANDRA, BEGUR ROAD,
                BENGALURU-560 068.
                                                            ...APPELLANT
                (BY SRI.G.D.SURESH APPELLANT (ABSENT)
                    SRI.V.S.VINAYAKA AMICUS CURIAE)
Digitally
signed by K G   AND:
RENUKAMBA
Location:       SMT. INDRANI @ JAYALAKSHMI,
HIGH COURT      W/O G.D.SURESH,
OF              AGED ABOUT 49 YEARS,
KARNATAKA
                R/AT NO.1627, 1ST CROSS,
                SOPPINAKERE, MANDI MOHALLA,
                MYSORE-570 001.
                                                          ...RESPONDENT
                (BY SRI.M.N.VIJAYA ADVOCATE)
                     THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURT
                ACT, AGAINST THE JUDGMENT AND DECREE DATED
                20.10.2016 PASSED IN M.C.NO.2048/2010 ON THE FILE OF
                THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
                                           -2-
                                                  NC: 2025:KHC:45489-DB
                                                    MFA No. 454 of 2017


 HC-KAR




BENGALURU, DISMISSING THE PETITION FILED U/S 13(1)(ia)
AND (ib) OF HINDU MARRIAGE ACT.

    THIS APPEAL, COMING ON FOR ORDER, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:         HON'BLE MR. JUSTICE JAYANT BANERJI
               AND
               HON'BLE MR. JUSTICE K. V. ARAVIND

                             ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

When the matter was listed on the previous occasion the

following order was passed:

"It is evident from the previous order passed in this appeal that learned Amicus Curiae was appointed to look into the case on behalf of the appellant, however, from the record it seems that learned Amicus Curiae has not been appearing.

Hence, Court notice be issued to the appellant to engage another counsel.

List after four weeks."

2. Today, learned Amicus Curiae who was appointed

by this Court by means of order dated 30.01.2024 has moved

an application dated 20.08.2025 seeking recall of the order

passed on 18.08.2025 which is supported by a memorandum of

facts.

3. Though we appreciate the gesture on behalf of the

learned Amicus Curiae, who has appeared before the Court,

NC: 2025:KHC:45489-DB

HC-KAR

however, the fact remains that the instant appeal has been

filed by the husband challenging the decree dated 20.10.2016

passed by the II Additional Principal Judge, Family Court,

Bengaluru in M.C.No.2048/2010 which was filed by him,

whereby the aforesaid matrimonial case was dismissed.

4. A perusal of the office report reflects that pursuant

to the order of the Court dated 18.08.2025, a Court notice was

issued to the appellant but, unserved Court notice was received

by the office. It is evident that the notice is unserved and

learned Amicus Curiae has no instructions from the appellant.

Therefore, we dismiss the aforesaid appeal for want of

prosecution.

I.A.No.1/2025 stands disposed of.

Sd/-

(JAYANT BANERJI) JUDGE

Sd/-

(K. V. ARAVIND) JUDGE