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Madras High CourtCMA/2793/2023dismissed for nonprosecution

Ranjith Ramachandaran v. Shakthi

2024-10-28Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI Mr.Ranjith Ramachandran ..Appellant Vs.

Mrs.Shakthi ..Respondent Prayer:

Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, against the judgment and decree dated 28.04.2023 in H.M.O.P.No.1105/2019 on the file of the VII Additional Family Court at Chennai.

For Appellant : No appearance For Respondent : Mr.M.Aswin

J U D G M E N T

(The Judgment of the Court was delivered by Mrs.J.Nisha Banu,J.) This Civil Miscellaneous Appeal has been filed by the appellant/husband against the judgment and decree dated 28.04.2023 Page 1/4

dismissing the H.M.O.P.No.1105 of 2019, filed by the appellant/husband seeking to dissolve the Marriage.

2. On 07.08.2024, we directed the parties to be present before this court on 20.08.2024. Thereafter, at the request of appellant, the matter got adjourned on 20.08.2024 and 22.08.2024. On 12.09.2024, appellant/husband was not present, but respondent/wife was present along with counsel. Therefore, the matter was adjourned to 23.09.2024 and at request of the parties, the matter was listed in the Chamber for enquiry on 30.09.2024. The learned counsel for the appellant as well as the respondent sought time to report settlement and therefore, the matter was adjourned to 14.10.2024. Thereafter, since the parties have not come to settlement, the matter got adjourned twice for arguments.

3. As a last chance, when the matter was called on 23.10.2024, there was no representation for the appellant. Therefore, it was directed to be posted under the caption 'for dismissal' on 28.10.2024. Even today, when the matter is called, there is no representation for the appellant. Therefore, this Court has no other option except to dismiss the Page 2/4

Civil Miscellaneous Appeal for non-prosecution. Accordingly, the Civil Miscellaneous Appeal is dismissed for non-prosecution. No costs. (J.N.B,J.) (R.K.M., J.) Index : Yes / No 28.10.2024 Internet : Yes sk To The VII Additional Family Court at Chennai.

Page 3/4

J. NISHA BANU, J.

and R.KALAIMATHI,J.

sk 28.10.2024 Page 4/4