Dismissed¶25

K.Swatantra Kumar v. K.Sobha

Andhra Pradesh HC12 Aug 2025FCA/238/2008

Case brief

AI extract

What is this about?

Andhra Pradesh High Court at Amaravati; FCA No.238 of 2008 (APHC010314022008); Section 19 of the Family Court Act; challenge to order dated 23.10.2008 in OP No. 130 of 2008, Family Court, East Godavari District at Rajahmundry (dismissal of husband's divorce petition); appellant K.Swatantra Kumar died during pendency of appeal; cause of action held not to survive; appeal dismissed as infructuous on 13/08/2025; pending miscellaneous applications dismissed in consequence; Coram: Battu Devanand, J. (author) and A. Hari Haranadha Sarma, J.; Counsel: T S N Murthy for appellant, Badana Bhaskara Rao for respondent.

What did the court decide?

Since the appellant died during the pendency of the appeal, the cause of action does not survive in the appeal. ¶24

K.Swatantra Kumar Vs K.Sobha — Andhra Pradesh HC (2025) — LawSathi Research

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APHC010314022008

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY, THE THIRTEENTH DAY OF AUGUSTP TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HONOURABLE SRI JUSTICE BATTU DEVANAND AND

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HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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FAMILY COURT APPEAL No.238 of 2008

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Appeal under Section 19 of the Family Court Act, against the order dated 23.10.2008 passed in OP No. 130 of 2008 on the file of the Judge, Family Court, East Godavari District at Rajahmundry

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Between:

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K.Swatantra Kumar, S/o.late Jayaratnam, Christian, aged 60 years. R/o.D.No.74-14-18, Prakash Nagar, Rajahmundry East Godavari District.

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...Appellant/Petitioner

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AND

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K Sobha, W/o.Swatantra Kumar, Christian, aged 52 years, R/o.Near 12 Taps Centre, Rajendranagar, Rajahmundry, East Godavari District.

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...Respondent/ Respondent

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Counsel for the Appellant : Sri T S N Murthy

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Counsel for the Respondent : Sri Badana Bhaskara Rao The Court made the following order:

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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AND

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THE HONOURABLE SRI JUSTICE A.HARI HARANADHA SARMA

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FAMILY COURT APPEAL No. 238 OF 2008

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JUDGMENT:^Per Hon’ble Sri Justice Battu Devanand)

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Originally, the appellant-husband filed O.P.No. 130 of 2008 on the file of the Court of learned Judge, Family Court, East Godavari District at Rajahmundry, against the respondent-wife seeking decree^ofdivorce. The said O.P. was dismissed by decree and order dated 23-10-2008. Aggrieved by the same, the present appeal is filed.

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Mr. T.S.N.Murthy, learned counsel appearing for the appellant, would submit that during the pendency of this appeal, the appellant died.

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In view of the fact that the appellant is no more, in our considered view, the cause of action does not survive in this appeal.

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Accordingly, this appeal is dismissed as infructuous. Pending

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miscellaneous applications, if any, shall stand dismissed in consequence.

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SD/- E. KAMESWARA RAO JOINT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Judge, Family Court, Rajahmundry, East Godavari^{District,(with} records if any)

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One CC to Sri T S N Murthy, Advocate [OPUC]

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One CC to Sri Badana Bhaskara Rao, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. (to dispatch the trial court records)

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