Kunwarlal S/O Hiralal Wasnik vs Alka Kunwarlal Wasnik
2021 Latest Caselaw 546 Bom

FCA 313&314/14                                   1             Common Judgment

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                   NAGPUR BENCH, NAGPUR.
                   FAMILY COURT APPEAL NO. 313/2014
Kunwarlal s/o Hiralal Wasnik,
age: 45 years, Occ: Service,
R/o Plot No.10-A, Sonal Colony,
Shegaon Road, Amravati, Tq. &
Distt. Amravati.                                                       APPELLANT
                                  .....VERSUS.....

Alka Kunwarlal Wasnik,
age: 46 years, Occu: Service,
R/o C/o Sheshrao Kashiram Hiwale,
Oswal Nagar, near Dr. Gode Hospital, near Oswal
Industries, Chikhli Road, Buldana,
Tq. and Disstt. Buldana.                                             RESPONDENT

                     Shri M.P. Karia, counsel for the appellant.
                     Shri R.J. Mirza, counsel for the respondent

                                  WITH
                     FAMILY COURT APPEAL NO.314/2014
Kunwarlal s/o Hiralal Wasnik,
age: 45 years, Occ: Service,
R/o Plot No.10-A, Sonal Colony,
Shegaon Road, Amravati, Tq. &
Distt. Amravati.                                                       APPELLANT
                                  .....VERSUS.....

Alka Kunwarlal Wasnik,
age: 46 years, Occupation: Service,
Lecturer in Department of Marathi
R/o Vidarbha Mahavidyalaya College, Amravati
Tah. and District Amravati.                                          RESPONDENT

                   Shri S.S. Dhengale, counsel for the appellant.
                    Shri R.J. Mirza, counsel for the respondent

              CORAM : A.S. CHANDURKAR AND N.B. SURYAWANSHI, JJ.

DATE : 11TH JANUARY, 2021

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

Heard.

FCA 313&314/14 2 Common Judgment

2. The appellant-Husband had filed petition under Section 13(1)

(i-a) of the Hindu Marriage Act, 1955 seeking a decree of divorce. The

Family Court by its judgment dated 17.05.2014 was pleased to dismiss

the said petition for grant of divorce. That judgment is the subject matter

of challenge in Family Court Appeal No.313 of 2014.

3. The wife-Respondent in Family Court Appeal No.314 of 2014

had filed petition No.A-180/2010 praying for restitution of conjugal

rights. This petition was allowed by the Family Court on 27.05.2014 and

the husband has challenged that judgment in the present appeal.

4. Shri M.P. Karia, learned counsel for the appellant submits that

during the pendency of both the appeals the respondent has expired. It is

seen that due to rejection of petition for grant of divorce, the marital

relationship between the appellant and the respondent continued. In that

view of the matter, the right to sue would not now continue with the

death of the wife. Hence, both the appeals are disposed of having abated.

The parties to bear their own costs.

(N.B. SURYAWANSHI, J.) (A.S. CHANDURKAR, J.)

APTE