Item No.7
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No. 169 of 2007
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. On the last date of hearing, none had appeared on behalf of the
appellant. As a result, the appeal was listed 'for dismissal' today.
2. Today, learned counsel appears for the appellant/wife and
informs the Court that pursuant to the ex parte judgment and decree
dated 23.03.2000 in O.P.No.51 of 2000, the respondent/husband had
got remarried on 09.05.2000.
3. We may note that the application moved by the appellant/wife for setting aside the ex parte judgment and decree dated 23.03.2000 was dismissed. Aggrieved by that the appellant/wife had filed Civil Revision Petition Nos.5456 of 2002 and 1855 of 2003, which were allowed vide order dated 04.01.2006 and the matter was remanded back to the Family Court for giving an opportunity to the appellant/wife to lead fresh evidence. Thereafter, by the impugned judgment and order dated 30.03.2007, the petition filed by the respondent/husband for seeking divorce, was allowed. Challenging the same, the present appeal was filed.
4. Having regard to the fact that after the ex parte judgment and order had been passed by the Family Court on 23.03.2000 and the respondent/husband had admittedly got remarried on 09.05.2000, we have enquired from learned counsel for the appellant as to what useful F.C.A.No. 169 of 2007 Page 1 of 2 purpose would be served in pursuing the present appeal, particularly, when both the parties, who are residing in USA all along, have been living separately since 20.07.1998 and by now, their son, who was born on 18.10.1986, has attained the age of 34 years.
5. It is also noteworthy that the present appeal was filed by the appellant/wife after a delay of 161 days. The appeal was admitted on 05.03.2008, but no stay order was granted in favour of the appellant/wife. In view of the aforesaid development, the present appeal has been rendered infructuous and the same is, accordingly, closed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 15.03.2021 Lur/pln F.C.A.No. 169 of 2007 Page 2 of 2