Dr. Shaik Sajeed vs Smt. Dr. Sana Sultana W/O Dr.Shaik
2023 Latest Caselaw 9208 Kant

Karnataka High Court

Dr. Shaik Sajeed vs Smt. Dr. Sana Sultana W/O Dr.Shaik on 4 December, 2023

Author: R.Devdas

Bench: R.Devdas

                                             -1-
                                               NC: 2023:KHC-K:8970-DB
                                                    MFA No.200480 of 2019




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                          DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                          PRESENT

                             THE HON'BLE MR. JUSTICE R.DEVDAS
                                            AND
                              THE HON'BLE MR. JUSTICE C M JOSHI

                       MISCL. FIRST APPEAL NO.200480 OF 2019 (FC)

                   BETWEEN:

                   DR. SHAIK SAJEED
                   S/O SHAIK JAVEED
                   AGE: 34 YEARS,
                   OCC: PG STUDENT
                   R/O: PLOT NO.Q-40, KSRTC,
                   1ST STAGE, KAPNOOR INDUSTRIAL AREA,
                   KALABURAGI - 585 101.
                                                              ...APPELLANT

                   (BY SRI DEEPAK V. BARAD, ADVOCATE)
Digitally signed
by VARSHA N        AND:
RASALKAR
Location: HIGH
COURT OF           SMT.DR.SANA SULTANA
KARNATAKA
                   W/O DR.SHAIK SAJEED,
                   AGE: 31 YEARS,
                   OCC: PRACTICING DOCTOR,
                   R/O C/O MOHAMMAD TASVAR ALI
                   S/O KHASIM ALI,
                   H.NO.4-1-306, ALAMPALLI ROAD,
                   VIKARABAD DISTRICT - 501 101.
                   RANGAREDDY (TELANGANA STATE)

                                                            ...RESPONDENT
                   (BY SRI ABDUL MUQHTADIR, ADVOCATE)
                              -2-
                               NC: 2023:KHC-K:8970-DB
                                      MFA No.200480 of 2019




     THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT-1984, PRAYING TO ALLOW THE APPEAL
AND SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE
DISTRICT   JUDGE,   FAMILY    COURT    AT   KALABURAGI   IN
O.S.NO.4/2017 DATED 09.01.2019 AND DECREE THE SUIT OF
THE PLAINTIFF/APPELLANT FOR RESTITUTION OF CONJUGAL
RIGHTS DIRECTING THE DEFENDANT/RESPONDENT TO JOIN
THE COMPANY OF PLAINTIFF/APPELLANT TO PERFORM HER
MARITAL OBLIGATIONS.


     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
R.DEVDAS J., DELIVERED THE FOLLOWING:


                       JUDGMENT

R. DEVDAS J., (ORAL):

The appellant and learned counsel for the appellant

have filed a memo dated 04.12.2023 stating that during

the pendency of this appeal, the respondent has taken

khula (divorce) from the appellant on 19.11.2023. A copy

of the Khula (Divorce) Certificate is annexed to the memo.

In view of the divorce between the parties, it is submitted

that the prayer made in the appeal does not survive for

consideration.

NC: 2023:KHC-K:8970-DB

The memo is taken on record subject to all just

exceptions.

Accordingly, the appeal stands dismissed as the

prayer made in the appeal has become infructuous.

Sd/-

JUDGE

Sd/-

JUDGE

VNR