Vijayalakshmi vs Ike Swami
2021 Latest Caselaw 751 Tel

Item No.7

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                 AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
                        F.C.A.No. 169 of 2007

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    On the last date of hearing, none had appeared on behalf of the

appellant. As a result, the appeal was listed 'for dismissal' today.

2.    Today, learned counsel appears for the appellant/wife and

informs the Court that pursuant to the ex parte judgment and decree

dated 23.03.2000 in O.P.No.51 of 2000, the respondent/husband had

got remarried on 09.05.2000.

3. We may note that the application moved by the appellant/wife

for setting aside the ex parte judgment and decree dated 23.03.2000

was dismissed. Aggrieved by that the appellant/wife had filed Civil

Revision Petition Nos.5456 of 2002 and 1855 of 2003, which were

allowed vide order dated 04.01.2006 and the matter was remanded

back to the Family Court for giving an opportunity to the

appellant/wife to lead fresh evidence. Thereafter, by the impugned

judgment and order dated 30.03.2007, the petition filed by the

respondent/husband for seeking divorce, was allowed. Challenging

the same, the present appeal was filed.

4. Having regard to the fact that after the ex parte judgment and

order had been passed by the Family Court on 23.03.2000 and the

respondent/husband had admittedly got remarried on 09.05.2000, we

have enquired from learned counsel for the appellant as to what useful

purpose would be served in pursuing the present appeal, particularly,

when both the parties, who are residing in USA all along, have been

living separately since 20.07.1998 and by now, their son, who was

born on 18.10.1986, has attained the age of 34 years.

5. It is also noteworthy that the present appeal was filed by the

appellant/wife after a delay of 161 days. The appeal was admitted on

05.03.2008, but no stay order was granted in favour of the

appellant/wife. In view of the aforesaid development, the present

appeal has been rendered infructuous and the same is, accordingly,

closed along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 15.03.2021 Lur/pln