Smt.Kavya W/O Sadananda ... vs Sri.Sadananda S/O Kareppa ...
2022 Latest Caselaw 4930 Kant

 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 16 T H DAY OF MARCH, 2022

                         BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

               R.P.F.C. NO.100043/2019

BETWEEN:

1.    SMT.KAVYA,
      W/O SADANANDA SAVADATT,
      AGE: 39 YEARS,
      OCC: HOUSEHOLD WORK.

2.    KUMARI SANDHYA VANI,
      D/O SADANANDA SAVADATT,
      AGE: 18 YEARS, OCC: STUDENT.

3.    KUMAR SAINATH,
      S/O SADANANDA SAVADATT,
      AGE: 16 YEARS, OCC: STUDENT.

4.    KUMARI SANJIVINI,
      D/O SADANANDA SAVADATT,
      AGE: 14 YEARS, OCC: STUDENT.

5.    KUMAR SACHIN,
      S/O SADANANDA SAVADATT,
      AGE: 12 YEARS, OCC: STUDENT.

ALL ARE R/O: AIR STAFF QUART ERS,
DHARWAD-580001.
(PETITIONERS NO.3 TO 5 ARE MINORS
 R/BY THEIR N/G MOTHER PETITIONER NO.1)
                                      ... PETITIONERS

(BY SRI SYED R.H. AND SMT.G.R.JYOTI, ADVOCATES)

AND

SRI. SADANANDA,
S/O KAREPPA SAVADATTI,
                                2




AGE: 45 YEARS,
OCC: KSRTC CONDUCTOR,
BADGE NO.108,
SAVADATTI DEPOT ,
GUNDALUR CHAWL,
BAILHONGAL,
DIST: BELAGAVI.
                                              ... RESPONDENT

     THIS R.P.F.C. IS FILED UNDER SECT ION 19(4) OF THE
FAMILY COURTS ACT, AGAINST THE JUDGMENT AND ORDER
DATED 18.12.2018 PASSED IN CRL.MISC.NO.76/2016 ON
THE FILE OF T HE PRINCI PAL JUDGE, FAMILY COURT ,
DHARWAD, DISMISSING THE PETITION FILED UNDER
SECTION 125 OF CR.P.C.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT , MADE THE FOLLOWING:

                            ORDER

Learned counsel for petitioners has filed a memo

stating that after death of respondent-husband,

petitioner no.1-wife has availed service benefits and

therefore cause of action does not survive for

consideration.

2. Said memo is taken on record.

3. Accordingly, petition is dismissed as having

become infructuous.

Sd/-

JUDGE CLK