Smt M Kruthika @ Anu vs Mr N S Sunil
2023 Latest Caselaw 263 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 4TH DAY OF JANUARY, 2023

                     BEFORE

  THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

        CIVIL PETITION NO.169 OF 2021

BETWEEN:
SMT.M.KRUTHIKA @ ANU
AGED ABOUT 24 YEARS
D/O.SRI S.MOHAN
& SMT.M.NAGARATHNA
W/O.MR.N.S.SUNIL
R/AT NO.124, 1ST CROSS
RAMANUJA ROAD
KHILLE MOHALLA
MYSURU - 570 004                   ... PETITIONER

(SMT.M.KRUTHIKA @ ANU, PETITIONER [ABSENT])

AND:
MR.N.S.SUNIL
S/O.SRI K.N.SRINIVAS
& SMT.LATE.P.SUJATHA
AGED ABOUT 27 YEARS
R/AT NO.1144, 43RD CROSS
1ST STAGE, KUMARASWAMY LAYOUT
BENGALURU - 560 078           ... RESPONDENT

(BY SRI RANGARAMU V., ADVOCATE)
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     THIS CIVIL PETITION IS FILED UNDER SECTION
24 OF CIVIL PROCEDURE CODE PRAYING TO DIRECT TO
TRANSFER THE PETITION BEARING MC.NO.477/2020
FROM THE FILE OF 1ST ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, BENGALURU TO THE COURT OF
PRINCIPAL FAMILY COURT, MYSURU AND ETC.
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     THIS PETITION COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Learned counsel for the petitioner has filed a

memo for retirement dated 05.03.2022 and the same is

accepted today. However, the petitioner is not present

before the Court.

2. In the meanwhile, learned counsel for

respondent has filed a memo furnishing copies of

matrimonial proceedings in MC.No.477/2020, wherein

the parties to the proceedings i.e. the petitioner and

respondent have amicably resolved their dispute by way

of memorandum of settlement under Section 89 of CPC

read with Rules 24 and 25 of the Karnataka Civil

Procedure (Mediation) Rules, 2005. The said

memorandum of settlement is also placed along with

memo by the respondent with judgment and decree

drawn by the Court granting decree of divorce.

3. On perusal of all these materials placed by the

respondent, the petition would not survive for

consideration any more, in view of the fact that the

parties have amicably settled and obtained divorce by

way of mutual consent. Accordingly, the petition is

dismissed as having become infructuous.

Ordered accordingly.

In view of the petition being dismissed as having

become infructuous, pending application does not

survive for consideration and the same stands

consigned to records.

Sd/-

JUDGE

LB