Smt. K J Jayalakshmi vs Sri M Vijaya Bhanu Prasad
2021 Latest Caselaw 3704 Kant

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9TH DAY OF NOVEMBER, 2021

                         PRESENT

           THE HON'BLE MR. JUSTICE B. VEERAPPA

                             AND

         THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

       MISCELLANEOUS FIRST APPEAL No.2449/2015 (FC)
                             C/W
       MISCELLANEOUS FIRST APPEAL No.3250/2015 (FC)


MFA No.2449/2015:

BETWEEN:

SMT. K. J. JAYALAKSHMI
D/O DR. K.H. JAYASHEELA REDDY,
AGED ABOUT 34 YEARS,
R/AT NO.11/2, PALACE CROSS ROAD,
BENGALURU-560 020
                                             ...APPELLANT

(BY SMT. RAJESHWARI. M., ADVOCATE FOR
SRI R. B. SADASIVAPPA ADVOCATE)

AND:

SRI M. VIJAYA BHANU PRASAD
S/O SRI RAVI PRASAD,
AGED ABOUT 34 YEARS,
                             2




R/AT NO.20, INNAREDDY LAYOUT,
INFANTRY ROAD,
BELLARY-583 104.
                                               ...RESPONDENT
(BY SRI H. MALLAN GOUD, ADVOCATE)

       THIS MISCELLANEOUS FIRST     APPEAL   IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURTS ACT AGAINST THE
JUDGMENT AND DECREE DATED 11.2.2015 PASSED IN M.C.
NO.2174/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY
COURT, BENGALURU, PRAYING TO MODIFY THE JUDGMENT AS FAR
AS IT RELATES TO AWARD OF MAINTENANCE AND DIRECT THE
RESPODNENT    TO PAY   RS.50,00,000/- TOWARDS PERMANENT
ALIMONY TO THE APPELLANT.



MFA No.3250/2015:

BETWEEN:

M. VIJAYA BHANU PRASAD,
SON OF M. RAVI,
AGED ABOUT 33 YEARS,
R/AT NO.20, INNA REDDY LAYOUT,
INFANTRY ROAD,
BELLARY-583 101.
                                                 ...APPELLANT
(BY SRI H. MALLAN GOUD, ADVOCATE)

AND:

SMT. K. J. JAYALAKSHMI,
WIFE OF M. VIJAYA BHANU PRASAD,
AGED ABOUT 31 YEARS,
                               3




R/AT NO.11/2, PALACE CROSS ROAD,
BENGALURU-560 020.
                                                ...RESPONDENT
(BY SMT. RAJESHWARI. M., ADVOCATE FOR
SRI R. B. SADASIVAPPA ADVOCATE)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF THE FAMILY        COURT   ACT AGAINST THE
JUDGMENT AND DECREE DATED 11.2.2015 PASSED IN M.C.
NO.2174/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY
COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER
SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, WITH A PRAYER
TO SET ASIDE THE SAID JUDGMENT & DECREE.


     THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:



                       JUDGMENT

Miscellaneous First Appeal No.2449/2015 is filed by the

appellant - wife against the judgment & decree dated

11.02.2015 made in M.C. No.2174/2012 on the file of the

Principal Judge, Family Court, Bangalore, allowing the petition

filed by her under the provisions of Section 13(1)(ia) of the

Hindu Marriage Act, 1955 and directing the respondent -

husband to pay a sum of Rs.3,000/- per month to the

appellant - wife from the date of the order, with a prayer to

modify the judgment in so far as it relates to award of

maintenance.

2. Miscellaneous First Appeal No.3250/2015 is filed by

the appellant - husband praying to set aside the judgment &

decree dated 11.02.2015 made in M.C. No.2174/2012 on the

file of the Principal Judge, Family Court, Bangalore.

3. Learned counsel for the appellant - husband has filed

a memo reporting that the sole respondent - Sri Vijaya Bhanu

Prasad has expired on 27.4.2019 and therefore, the appeals

do not survive for consideration.

4. The memo dated 5th October 2021 is placed on

record.

5. Since the respondent - Sri Vijaya Bhanu Prasad died

on 27.4.2019, learned counsel for the parties submit that both

the appeals have become infructuous and the same may be

dismissed as having become infructuous. .

Accordingly, both the appeals are dismissed as having

become infructuous.

Sd/-

JUDGE

Sd/-

JUDGE

Gss*