2026 Supreme(Online)(Ker) 8916

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
JOHNSON MANUEL – Appellant
Versus
LOVELY – Respondent
MATRIMONIAL APPEAL NO. 907 OF 2016

Non-prosecution due to lack of representation results in the dismissal of an appeal.

Headnote:Statute Analysis: The case concerns matrimonial laws as applied in family court proceedings. Facts of the Case: The appeal was filed against a judgment and decree dated 22.03.2016 in OP NO.1764 of 2008.

Findings of Court:
The appellant failed to represent on the date of listing, and the appeal was therefore dismissed.

Issues: The court framed the question of whether the appeal should proceed without the appellant's representation.

Ratio Decidendi: The absence of representation for the appellant on two occasions led the court to conclude that the appeal could not be heard and was thus dismissed for non-prosecution.

Result: Hence, the appeal is dismissed for non-prosecution.