Naresh Kumar Son Of Sh. Basant Ram vs Unknown
2022 Latest Caselaw 2551 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 2nd DAY OF MAY 2022




                                                      .

                         BEFORE
         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





     FIRST APPEAL FROM ORDER (HMA) NO. 394 OF 2012


         Between:-




         NARESH KUMAR SON OF SH. BASANT RAM,
         RESIDENT OF VILLAGE SHILLARU,
         P.O. BATHALANG, TEHSIL ARKI,

         DISTRICT SOLAN (H.P.)

                                     .....APPELLANT

         (BY SH. M.A. KHAN, SENIOR ADVOCATE WITH
         MS. HEM KANTA KAUSHAL, ADVOCATE)



         AND




    1.   SMT. DHANWANTI





         WIFE OF SH. NARESH KUMAR,
         RESIDENT OF VILLAGE SHILLARU,
         P.O. BATHALANG, TEHSIL ARKI,





         DISTRICT SOLAN (H.P.)

    2.   SURINDER SINGH VERMA,
         SON OF SH. JAGAN NATH,
         RESIDENT OF VILLAGE DIDU,
         P.O. BATHALANG, TEHSIL ARKI,
         DISTRICT SOLAN (H.P.)
                                 .....RESPONDENTS

         (SH.V.S. CHAUHAN, SENIOR ADVOCATE WITH
         SH. RAJUL CHAUHAN, ADVOCATE, FOR R-1,

         NEMO FOR R-2)
    _______________________________________________________




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                This appeal coming on for orders this day, the Court




                                                              .

    delivered the following:

                               JUDGMENT

The appellant had moved a divorce petition under

Section 13 of the Hindu Marriage Act for dissolution of marriage

with respondent No. 1. Learned Additional District Judge, Solan

vide judgment dated 21.8.2012 dismissed this divorce petition.

Aggrieved, the husband preferred instant appeal.

2. During the pendency of the appeal, CMP No. 2985

of 2022 was moved for placing on record a divorce deed dated

28.3.2013. Learned counsel for respondent No. 1 has no

objection for allowing the prayer made in the application. The

application is, therefore, allowed and the divorce deed prepared

on 28.3.2012, registered by Sub Registrar, Arki, District Solan

on 30.3.2013 is taken on record.

3. In view of the above divorce deed, executed

between the appellant and respondent No. 1, learned counsel

for the appellant submits that the instant appeal has become

infructuous and may be disposed of as such. The prayer is not

opposed by learned counsel for respondent No. 1. Accordingly,

in view of the divorce deed executed between the appellant and

respondent No. 1, placed on record as Annexure A-1 alongwith

CMP No. 2985 of 2022, instant appeal has been rendered

.

infructuous and is disposed off accordingly. Pending

miscellaneous application(s), if any, shall also stand disposed

of.

    2nd May, 2022
          (vs)
                           r         to               Jyotsna Rewal Dua
                                                           Judge