Smt Prema S vs Sri M Suresh
2025 Latest Caselaw 8411 Kant

Karnataka High Court

Smt Prema S vs Sri M Suresh on 15 September, 2025

                                                             -1-
                                                                     NC: 2025:KHC:36637-DB
                                                                     MFA No. 1207 of 2017


                                 HC-KAR



                                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                        DATED THIS THE 15TH DAY OF SEPTEMBER, 2025

                                                         PRESENT
                                          THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                                             AND
                                          THE HON'BLE MR. JUSTICE UMESH M ADIGA
                                  MISCELLANEOUS FIRST APPEAL NO. 1207 OF 2017 (MC)
                                 BETWEEN:
                                     SMT. PREMA.S.
                                     W/O. M. SURESH
                                     AGED ABOUT 38 YEARS,
                                     R/O D.NO.8/167,
                                     PAPER TOWN,
                                     BHADRAVATHI- 577 301.
                                                                              ...APPELLANT
                                 (BY SRI. GANESH NAG B.V., ADVOCATE FOR
                                     SRI. SUHAS B.SAPPANNAVAR.,ADVOCATE)

                                 AND:
                                     SRI. M. SURESH
                                     S/O LATE MARANNA,
                                     AGED ABOUT 46 YEARS,
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA            LINEMAN, MESCOM,
Location: HIGH COURT OF
KARNATAKA                            SUB-DIVISION, RAGI GUDDA,
                                     SHIVAMOGGA,
                                     PRESENTLY
                                     WORKING AT
                                     CHAMRAJPETE DIVISION,
                                     BESCOM,
                                     BENGALURU- 560 018.
                                                                           ...RESPONDENT
                                 (BY SRI. VINAYAKA V.S., AMICUS CURIAE FOR RESPONDENT,
                                     (VIDE ORDER DATED 10.01.2024))
                                    -2-
                                               NC: 2025:KHC:36637-DB
                                                MFA No. 1207 of 2017


HC-KAR



     THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, AGAINST THE JUDGEMENT AND DECREE DATED
04.01.2017, PASSED IN M.C.NO.62/2010, ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI,
ALLOWING THE PETITION FILED UNDER SECTION 13(a) AND (b)
OF THE HINDU MARRIAGE ACT, FOR DISSOLLUTION OF
MARRIAGE.

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

CORAM:     HON'BLE MR. JUSTICE JAYANT BANERJI
           and
           HON'BLE MR. JUSTICE UMESH M ADIGA

                         ORAL JUDGMENT

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

This appeal has been filed seeking to challenge the

judgment and order dated 04.01.2017, passed in

M.C.No.62/2010, on the file of Prl.Senior Civil Judge and JMFC

Court, Bhadravathi, whereby the petition filed by the

respondent/husband for divorce has been allowed.

2. When the matter was last listed, the learned counsel

for the appellant stated that the matter is likely to be settled

between the parties and he sought an adjournment.

3. Today when the matter is listed, it is stated that no

instructions are available and therefore, the matter be

NC: 2025:KHC:36637-DB

HC-KAR

adjourned. We do not appreciate such sort of adjournment. As

such, the request for adjournment is denied.

4. Sri Ganesh Nag B.V., learned counsel appearing for the

appellant, however, expresses his inability to argue. This

appeal is therefore dismissed for

non-prosecution.

5. This order has been passed in the presence of

Sri Vinayaka B.V., learned Amicus Curie appearing for

respondent.

The Registry is directed to pay honorarium of Rs.5,000/-

to the learned Amicus Curiae.

Sd/-

(JAYANT BANERJI) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE