Sri Shashikumar vs Smt Ambika
2023 Latest Caselaw 2775 Kant

                                          -1-
                                                  MFA No.3335 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 1ST DAY OF JUNE, 2023
                                       PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                    MISCELLANEOUS FIRST APPEAL NO.3335 OF 2017 (MC)
               BETWEEN:

               1.    SRI. SHASHIKUMAR
                     S/O BHYRAPPA
Digitally            AGED ABOUT 28 YEARS
signed by            R/O NAKIKERE VILLAGE
RUPA V
                     MADADAKERE HOBLI
Location:
High Court           HOSDURGA TALUK-577527
of Karnataka         CHITRADURGA DISTRICT.
                                                          ...APPELLANT
               (BY SMT. YOGITHA MUDAKANNAVAR, ADV., FOR
                   SRI. SWAMY SHIVAPRAKASH H, ADV.,)

               AND:

               1.    SMT. AMBIKA
                     W/O SRI. SHASHIKUMAR
                     D/O PUJARI MAHALINGAPPA
                     AGED ABOUT 25 YEARS
                     R/O DODDAGHATTA VILLAGE
                     POST :DODDABHATTA
                     MADADAKERE HOBLI
                     HOSDURGA TALUK-577527
                     CHITRADURGA DISTRICT.
                                                        ...RESPONDENT
               (BY SRI. RAJA KUMAR C, ADV.,)
                   THIS MFA IS FILED UNDER SECTION 28(1) OF THE
               HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND
               DECREE DATED 17.03.2017 PASSED IN M.C.NO. 6/2016 ON
               THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C.,
               HOSADURGA, DISMISSING    THE PETITION FILED UNDER
                              -2-
                                        MFA No.3335 of 2017




SECTION 13(1)(i)(a) OF HINDU MARRIAGE ACT 1955, FOR
DISSOLUTION OF MARRIAGE.

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                        JUDGMENT

This appeal under Section 28(1) of the Hindu

Marriage Act, 1955 has been filed against the judgment

and decree dated 17.03.2017, by which the petition filed

by the appellant / husband seeking dissolution of

marriage has been dismissed.

2. Learned counsel for the respondent submits

that during the pendency of this appeal, the respondent

/wife had filed a petition viz., M.C.No.24/2020 seeking

dissolution of marriage. The aforesaid petition has been

allowed by the trial court vide judgment dated

04.10.2021 and the marriage performed between the

parties has been dissolved by a decree of divorce.

3. The aforesaid submission is placed on record.

MFA No.3335 of 2017

4. In view of the subsequent event, which has

been taken place during the pendency of the appeal,

nothing survives for adjudication in this appeal.

Accordingly, the appeal is dismissed as having

become infructuous.

Sd/-

JUDGE

Sd/-

JUDGE

SS