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Madras High CourtCMA/1753/2022dismissed for nonprosecution

G.K.Aruna v. R.Anand

2023-06-20Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM:

THE HON'BLE MRS. JUSTICE J. NISHA BANU AND THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY and C.M.P.No.12734 of 2022 G.K.Aruna ... Appellant/ Petitioner Vs.

R.Anand ... Respondent/ Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 28 of the Hindu Marriage Act, 1955, against the fair and decretal order passed by the learned Principal Family Court Judge, Chennai in O.P.No.3652 of 2019, dated 10.12.2021, insofar to set aside the order of divorce in the ground of cruelty. For Appellant : No appearance For Respondent : M/s.M.L.Joseph ******

J U D G M E N T

The Civil Miscellaneous Appeal is filed against the fair and decretal order passed by the learned Principal Family Court Judge, Chennai in Page No:1 of 3

O.P.No.3652 of 2019, dated 10.12.2021, insofar to set aside the order of divorce in the ground of cruelty.

2. Earlier, when the case was listed for hearing on 19.06.2023, the appellant being party in person, did not appear at the time of hearing. Therefore, the case was listed under the caption "for dismissal" on 20.06.2023. Even today, ie. on 20.06.2023, the appellant did not appear before this Court.

3. Thus, it can now be inferred that the appellant is not interested in prosecuting the Civil Miscellaneous Appeal. Hence, the Civil Miscellaneous Appeal stands dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B., J.) (D.B.C., J.) sts 20.06.2023 To:

The Court of Principal Family Judge, Principal Family Court, Chennai.

Page No:2 of 3

J. NISHA BANU, J., and D.BHARATHA CHAKRAVARTHY, J., sts Judgment made in Dated:

20.06.2023 Page No:3 of 3