Dismissed

Sri a C Ganesh @ Gautham v. Ms B R Vandana @ Shruthi

Karnataka HC16 Sept 2020MFA/2821/2019

Case brief

AI extract

What is this about?

Appellant filed a miscellaneous first appeal against a dismissal decree in maintenance proceedings. The court held the appeal infructuous as parties filed a joint divorce petition under Section 13B(1), rendering the matter settled. Appeal dismissed and CPC application withdrawn.

What did the court decide?

Appeal dismissed as infructuous; Order XXI Rule 3 CPC application withdrawn.

Sri a C Ganesh @ Gautham Vs Ms B R Vandana @ Shruthi — Matrimonial and Divorce | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2020

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MR. JUSTICE RAVI V.HOSMANI

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MISCELLANEOUS FIRST APPEAL NO.2821 OF 2019 (MC)

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BETWEEN:

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SRI. A.C.GANESH @ GAUTHAM, S/O CHANDRASHEKAR, AGED ABOUT 31 YEARS, R/AT NO.4857, BASAVESWARA STREET, TARIKERE TOWN AND TALUK, CHIKKAMAGALURU DISTRICT.

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... APPELLANT

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(BY SRI. H.R.ANANTHA KRISHNA MURTHY, ADVOCATE (THROUGH VC))

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AND:

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MS.B.R.VANDANA @ SHRUTHI, D/O C.B.RAJASHEKAR, AGED ABOUT 30 YEARS, R/AT ‘RAKSHITA’ NILAYA, VIJAYANAGARA EXTENSION, KODI CAMP, TARIKERE-577 228. WORKING AT BUILDING CHERRY HILL, GOLDMAN SACH, 1^ST FLOOR, EMBASSY GOLF LINK, BUSINESS PARK, INTERMEDIATE RING ROAD, DOMLUR, BENGALURU-560071.

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... RESPONDENT

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(RESPONDENT IS SERVED AND UNREPRESENTED)

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THIS MFA IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED 08.03.2019 PASSED IN M.C. NO.51/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, DISMISSING THE PETITION FILED UNDER SECTION 12(1)(c) OF THE HINDU MARRIAGE ACT, 1955.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J ., DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel for the appellant submits that the

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parties have filed a joint petition under Section 13B(1) of the Hindu Marriage Act, 1955, seeking dissolution of their marriage by a decree of divorce by mutual consent before the Family Court at Bengaluru. Hence, this appeal has been rendered infructuous.

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The submission of learned counsel for the

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appellant is placed on record.

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3. Appeal is dismissed as infructuous.

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It is needless to observe that the petition filed

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by the parties under Section 13B(1) of the aforesaid Act shall be disposed of in accordance with law.

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In view of dismissal of the appeal as having

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become infructuous, application filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 would not survive for consideration and the same shall stand withdrawn.

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Sd/JUDGE

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Sd/JUDGE

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sma

Sri a C Ganesh @ Gautham v. Ms B R Vandana @ Shruthi

Case brief

What is this about?

What did the court decide?

Sri a C Ganesh @ Gautham v. Ms B R Vandana @ Shruthi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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