Citation : 2022 Latest Caselaw 4987 Tel
Judgement Date : 10 October, 2022
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
FAMILY COURT APPEAL No.136 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 06.06.2016, passed in F.C.O.P.No.193 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)(ia)(ib) of the Hindu Marriage Act, 1955, seeking
decree of divorce by dissolving the marriage solemnized
between him and the respondent/wife on 21.03.2003, was
dismissed.
2. Heard the learned counsel for both sides and 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
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