Vimala @ Vidhubala v. Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Vimala @ Vidhubala ..Petitioner/Appellant Vs.

Suresh S/o Sivalingam

...Respondent /Respondent

Prayer in CMP No.29470 of 2024: This Civil Miscellaneous Petition filed under Order IV Rule 3(4) of A.S.Rules to condone the delay of 831 days in representing the CMA.SR.No.72456 of 2024. Prayer in CMA.SR.No.72456 of 2022: This Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act 1984 r/w section 28 of Hindu Marriage Act against the judgment and decree made in HMOP.No.447/2019 dated 17.03.2022 on the file of Family Court, Cuddalore.

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For Petitioner/Appellant : No appearance

JUDGMENT

(The judgment of the Court was delivered by J.Nisha Banu,J.) C.M.P.No.29470 of 2024 has been filed to condone the delay of 831 days in representing the Appeal.

2. When the matter was taken up for hearing on 21.12.2024, there was no representation for the petitioner/appellant. Therefore, Registry was directed to post the matter under the caption 'for dismissal' on 02.01.2025.

3. Even today, when the matter is called, there is no representation for the petitioner/appellant. Therefore, this Court has no other option except to dismiss the petition for non-prosecution. Accordingly, the Civil Miscellaneous Petition is dismissed for non-prosecution. Consequently, the Appeal is rejected at the SR stage itself. No costs. (J.N.B, J.) (R.S.V., J.) 02.01.2025 vsi Page 2/4

To The Family Court, Cuddalore.

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J. NISHA BANU, J.

R. SAKTHIVEL, J.

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