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2025 DAILYLAW 87838 (KAR)

SMT PREMA S v. SRI M SURESH

MFA/1207/2017 · 2025-09-15

Jayant Banerji, Umesh M Adiga

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36637-DB MFA No. 1207 of 2017 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, LINEMAN, MESCOM, 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)) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36637-DB MFA No. 1207 of 2017 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 - 3 - HC-KAR NC: 2025:KHC:36637-DB MFA No. 1207 of 2017 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 BK : List No.: 1 Sl No.: 18