Bombay High Court

PRAMILA SHIVAJIRAO YELLULWADversusSHIVAJIRAO ARJUNRAO YELLULWAD

Disposal: DISMISSED

Holding

The appeal and the pending civil applications are dismissed for default due to the appellant's failure to appear and to provide a current address.

Summary

The appellant, Pramila Shivajirao Yellulwad, filed a family court appeal and two civil applications against her husband, Shivajirao Arjunrao Yellulwad. The respondent's counsel had offered to provide the appellant's address, but the court issued notice based solely on the address supplied by the appellant, which she failed to update. The appellant did not appear before the court despite being aware of the proceedings. The judges observed that the appellant's non‑appearance and failure to furnish a current address indicated a lack of interest in prosecuting the appeal. Consequently, the appeal and the pending civil applications were dismissed for default.

Issues considered

What is the appropriate consequence when an appellant fails to furnish a current address and does not appear before the court?

Subjects

family law
default judgment
address notice
non‑appearance
appeal dismissal

Judgment

                                    (1)
                                             951- F.C.A. No. 25 of 2017.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

               FAMILY COURT APPEAL NO. 25 OF 2017
                              WITH
                 CIVIL APPLICATION NO. 4392 OF 2019
                           IN FCA/25/2017
                                    WITH
                 CIVIL APPLICATION NO. 5415 OF 2019
                           IN FCA/25/2017

                 PRAMILA SHIVAJIRAO YELLULWAD
                                             ….Appellant
                            VERSUS

               SHIVAJIRAO ARJUNRAO YELLULWAD
                                                     …..Respondent
                                …..
Advocate for Respondents : Mr. Aniket V. Wadwale h/f Mr. A.M.
Gaikwad
                               .....

                   CORAM :      SANDIPKUMAR C. MORE, &
                                VAISHALI PATIL-JADHAV, J.J.

                   DATED :      SEPTEMBER 03, 2026

ORDER:-

1.    Though on the last occasion the learned counsel for the

respondent/husband had undertaken to supply the address of

appellant/wife, but even the notice was issued to her on Court motion

on the address supplied by her only. It is the duty of the appellant to

furnish her current address, if she resides to that place. No such

address is filed by the appellant and despite knowing that she has filed

this appeal, she remained absent.
                                   (2)
                                             951- F.C.A. No. 25 of 2017.odt
2.     In view of the same, it appears that she is not interested in

prosecuting with this appeal and it stands dismissed for default, along

with the pending civil applications.



(VAISHALI PATIL-JADHAV)                (SANDIPKUMAR C. MORE)
      JUDGE                                    JUDGE

YSK/

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