THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA FAMILY COURT APPEAL Nos.81 AND 87 OF 2005 COMMON JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy) These appeals, under Section 19 of the Family Courts Act, 1984, are filed aggrieved by the common order, dated 17.05.2005, passed in O.P.Nos.544 and 704 of 2003 by the Family Court, Hyderabad.
The appellant – wife filed O.P.No.544 of 2003, under Section 12 (1) (C) of the Hindu Marriage Act, 1955, seeking to declare the marriage performed on 07.03.2003 between herself and the respondent – husband as null and void, whereas the respondent filed O.P.No.704 of 2003, under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights. By the impugned orders, dated 17.05.2005, the Family Court dismissed the petition filed by the appellant – wife and allowed the petition filed by the respondent husband.
When the matter is called, it is submitted by the learned counsel for parties that during pendency of these appeals, the appellant has remarried in the year 2006 and the respondent has also remarried in the year 2007.
In view of the submissions made by the learned counsel for parties, both the appeals are allowed by setting aside the impugned orders, dated 17.05.2005, passed in O.P.Nos.544 and 704 of 2003 by the Family Court, Hyderabad, and by declaring the marriage performed between the appellant and the respondent as null and void.
Miscellaneous Petitions, if any, pending shall stand closed. No costs.
JUSTICE R.SUBHASH REDDY JUSTICE A.SHANKAR NARAYANA 26th June, 2014 MD