T Srikanth, Warangal vs Thadaka Sumalatha, Warangal
2022 Latest Caselaw 4986 Tel

       THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
                         AND
     THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

         FAMILY COURT APPEAL No.35 OF 2016

JUDGMENT: (Per Hon'ble Dr.SA,J)


      This appeal, under Section 19 (1) of the Family Courts

Act, is filed by the appellant/husband aggrieved by the decree

and order, dated 04.12.2015, passed in F.C.O.P.No.55 of

2012 by the learned Judge, Family Court, Warangal, whereby,

the subject F.C.O.P. filed by the appellant/husband, under

Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking

decree of divorce by dissolving the marriage solemnized

between him and the respondent/wife on 28.10.2009, was

dismissed.

2. Heard. Perused the record.

3. Learned counsel for the appellant/husband would

submit that during pendency of this appeal, both the parties

have filed an application seeking divorce by mutual consent

before the Family Court, Warangal, and the same was

allowed. Consequently, the marriage solemnized between the parties was dissolved. Therefore, cause in the appeal does

not survive for adjudication.

4. The said submissions are taken on record.

5. In the result, the appeal is dismissed as infructuous.

Miscellaneous Petitions, if any, pending in this appeal

shall stand closed. There shall be no order as to costs.

_______________________ Dr. SHAMEEM AKTHER, J

_______________________ NAGESH BHEEMAPAKA, J

Date: 10.10.2022 MD