Dr Apoorve Sharma vs Bhargavi Sharma
2023 Latest Caselaw 9046 Kant

Karnataka High Court

Dr Apoorve Sharma vs Bhargavi Sharma on 1 December, 2023

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                                                        NC: 2023:KHC:43491
                                                      WP No. 19942 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                         BEFORE

                         THE HON'BLE MR. JUSTICE K. V. ARAVIND

                        WRIT PETITION NO. 19942 OF 2023 (GM-FC)

                BETWEEN:

                1.    DR. APOORVE SHARMA,
                      S/O MR. ANIL SHARMA,
                      AGED ABOUT 39 YEARS,
                      RESIDING IN U.S.A,
                      THROUGH GENERAL POWER OF ATTORNEY HOLDER
                      MR. ANIL SHARMA,
                      PRESENTLY RESIDING AT APTT. NO 2202,
                      TOWER C, PLATINUM TOWERS, M. G. ROAD,
                      SECTOR 28, GURUGRAM - 122001,
                      HARYANA.

                      EARLIER AT
                      NO.1202, MALPE BLOCK,
                      SALCON VERANDAS,
Digitally             GOLD COURSE ROAD,
signed by             GURUGRAM- 122002,
VALLI M               HARAYANA.
Location:                                                     ...PETITIONER
High Court of
Karnataka
                (BY MS. DEEPA J., ADVOCATE)

                AND:

                1.    BHARGAVI SHARMA,
                      D/O MR K.S. LAKSHMINARAYANAN,
                      RESIDENT OF CC-401,
                      RBI OFFICERS QUARTERS,
                      CUNNINGHAM CRESCENT ROAD,
                      BANGALORE - 560002.
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                                          NC: 2023:KHC:43491
                                       WP No. 19942 of 2023




2.     MS.SHRUTHI LAKHANPAL,
       D/O MR. N.K. LAKHANPAL,
       AGED ABOUT 35 YEARS,
       R/O BH-106, SHALIMAR BAGH EAST,
       DELHI - 110088.
                                             ...RESPONDENTS

     (BY SRI.RAMESH H., ADVOCATE FOR
        SMT.SONIA RAJESH., ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 11/04/2023 PASSED IN MC NO. 2791/2018 BY
THE HONBLE V ADDL. FAMILY JUDGE, BANGALORE VIDE
ANNEXURE-A IN SO FAR AS REJECTING THE INTERLOCUTORY
APPLICATION / IA NO. 4 VIDE ANNEXURE-E UNDER SECTION
10 CPC FOR STAYING THE SAID PROCEEDINGS WITHOUT
APPRECIATING THE REASONS MADE OUT IN THE SAID
APPLICATIONS FILED BY THE PETITIONER.

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

                           ORDER

Both counsels for the petitioner and the respondents

submit that this writ petition is filed against the order

dated 11.04.2023 in M.C No.2791/2018 passed by the V

Additional Principal Judge, Family Court, Bengaluru, on I.A

No.4. During the pendency of the writ petition, the

petition filed for dissolution of marriage under Section

13(1)(i)(ia)(ib) of Hindu Marriage Act, 1955, has been

dismissed by the Principal Judge Family Court, Gurugram,

NC: 2023:KHC:43491

in Petition No.254 and Computer IS.No.HMA/396/2018,

dated 16.10.2023. A copy of the said judgment is placed

before the Court along with a memo dated 01.12.2023 by

learned counsel for the respondents. In view of dismissal

of divorce petition, both counsels jointly submit that the

present petition does not survive for consideration.

2. Memo and submissions are placed on record.

3. Accordingly, petition is dismissed as infructuous.

Sd/-

JUDGE

RCK