P.Venkatesh vs Smt.Vani @ Nikhila
2023 Latest Caselaw 4078 Kant

                                                    -1-
                                                       NC: 2023:KHC-D:6803-DB
                                                              MFA No. 104173 of 2019
                                                          C/W MFA No. 104174 of 2019



                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                  DATED THIS THE 6TH DAY OF JULY, 2023

                                                 PRESENT
                                   THE HON'BLE MR JUSTICE S G PANDIT
                                                    AND
                               THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                        MISCELLANEOUS FIRST APPEAL NO. 104173 OF 2019 (FC)
                                                    C/W
                        MISCELLANEOUS FIRST APPEAL NO. 104174 OF 2019 (FC)


                        IN MFA No. 104173 OF 2019 (FC):

                        BETWEEN:

                        P.VENKATESH S/O. SANKARASIAH,
                        AGE: 31 YEARS,
                        OCC: WORKING AS ENGINEER IN PVT FIRM,
                        R/O: VIDYA NAGAR, EAST-III CROSS,
                        NEAR WATER TANK, BALLARI,
                        DIST: BALLARI.
                                                                          ...APPELLANT
                        (BY SRI V.S. KALASURMATH, ADVOCATE)
                        AND:

SHIVAKUMAR              SMT.VANI @ NIKHILA W/O. P VENKATESH
HIREMATH                D/O. NAGARAJ (TEACHER).
                        AGE: 28, OCC: HOUSEHOLD
                        R/O GOVT QUARTERS, ALIPURA VILLAGE,
Digitally signed by
SHIVAKUMAR              TQ and DIST: BALLARI.
HIREMATH
Location: High Court                                                    ...RESPONDENT

of Karnataka, Dharwad Date: 2023.07.11 15:22:03 +0530 THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.07.2019 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, AT BALLARI IN MC NO.86/2017, I THE INTEREST OF JUSTICE AND EQUITY.

NC: 2023:KHC-D:6803-DB MFA No. 104173 of 2019 C/W MFA No. 104174 of 2019

IN MFA NO. 104174 OF 2019 (FC)

BETWEEN:

P.VENKATESH S/O. SANKARASIAH, AGE: 31 YEARS, OCC: WORKING AS ENGINEER IN PVT FIRM, R/O: VIDYA NAGAR, EAST-III CROSS, NEAR WATER TANK, BALLARI, DIST: BALLARI.

...APPELLANT (BY SRI V.S. KALASURMATH, ADVOCATE)

AND:

SMT.VANI @ NIKHILA W/O. P VENKATESH D/O. NAGARAJ (TEACHER).

AGE: 28, OCC: HOUSEHOLD R/O GOVT QUARTERS, ALIPURA VILLAGE, TQ and DIST: BALLARI.

...RESPONDENT

THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.07.2019 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, AT BALLARI IN MC NO.141/2018, IN THE INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:

COMMON JUDGMENT

Sri V.S. Kalasurmath, learned counsel for the

appellant in both the appeals files memo dated 06.07.2023

and prays for disposal of the above two appeals.

2. Memo dated 06.07.2023 discloses that the

appellant/husband and respondent/wife filed MC

NC: 2023:KHC-D:6803-DB MFA No. 104173 of 2019 C/W MFA No. 104174 of 2019

No.230/2022 before the Principal Judge, Family Court at

Ballari under Section 13B of the Hindu Marriage Act, 1956

(for short 'the Act') and the Family Court by judgment

dated 07.06.2023 in MC.No.230/2022 allowed the petition

and dissolved the marriage between the appellant and the

respondent.

3. In view of the subsequent development and passing of

the judgment under Section 13B of the Act, both the

appeals would no more survive for consideration.

Accordingly both the appeals stand disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

NG