IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ M.F.A. No.1005/2015 (MC) BETWEEN:
SMT. VEDHA @ USAH W/O. J. PARUSURAMA, D/O. VENKATARAO L. RAYAKAR, AGED ABOUT 27 YEARS, OCC: HOUSE HOLD, R/O. PARSWADI, OLD PARSI CHAWI, ROOM NO.15, KOPRI COLOY, THANE –EAST (AT & POST) MUMBAI STATE. ... APPELLANT (BY SRI HIREMATHAD M.R., ADVOCATE) AND:
J. PARUSURAM S/O. JANARDHAN, AGED ABOUT 33 YEARS, R/O. HARAKANALU VILLAGE, HARAPANHALLI TALUK, DAVANAGERE DISTRICT – 583 131. ... RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED UNDER SECTION 28 OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 27/08/2014 PASSED IN M.C.NO.21/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, HARAPANAHALLI, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955.
THIS APPEAL COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Respondent is served and unrepresented.
2. Learned counsel for the appellant submits that the appellant being the wife of respondent has assailed the judgment and decree passed in M.C.No.21/2012 dated 27/08/2014 by the Senior Civil Judge & JMFC, Harapanahalli. He further submits that during the pendency of this appeal, the parties have filed a petition under Section 13B of the Hindu Marriage Act, 1955 seeking dissolution of marriage by a decree of divorce by mutual consent, which is pending before the Family Court at Davangere.
3. In the circumstances, this appeal is dismissed as having become infructuous. Liberty is however reserved to the appellant to revive this appeal in the event the petitioner files an application, if the petition filed before the Family Court at Davangere does not get disposed of by a decree of divorce by mutual consent.
In view of the disposal of the appeal, I.A.No.1/15 stand disposed in the above terms.
Sd/- JUDGE Sd/- JUDGE S*