Disposed

Smt Priya Lakshmana v. Sri Harender Keerthi

Karnataka HC26 Jul 2022MFA/1170/2014

Case brief

AI extract

What is this about?

This is a miscellaneous first appeal against a restitution of conjugal rights decree. The court noted that pending this appeal, the appellant filed for divorce which was dismissed and the respondent's counter-claim for dissolution was granted. As the marriage is already dissolved, the restitution appeal is infructuous.

What did the court decide?

The miscellaneous first appeal for restitution of conjugal rights is disposed of as infructuous due to the subsequent dissolution of marriage decree.

Smt Priya Lakshmana Vs Sri Harender Keerthi — Matrimonial and Divorce | Karnataka HC (2022)

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M.F.A. NO.1170/2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JULY, 2022

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PRESENT

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THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

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AND

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THE HON’BLE MR.JUSTICE S.RACHAIAH

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MISCELLANEOUS FIRST APPEAL NO.1170/2014 (FC)

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BETWEEN:

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SMT. PRIYA LAKSHMANA D/O T.LAKSHMANA W/O HARENDER KEERTHI AGED ABOUT 34 YEARS R/AT 127, 4^TH MAIN INCOME TAX LAYOUT VIJAYANAGAR, BANGALORE – 40.

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...APPELLANT (BY SRI G.R. GURUMATH, ADVOCATE (ABSENT)

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AND :

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SRI. HARENDER KEERTHI S/O KEERTHI SATHYANARAYANA AGED ABOUT 39 YEARS BDS, “PRATEEKSHA”, NO.216, 2^ND CROSS, COFFEE BOARD LAYOUT HEBBAL KEMPAPURA, BANGALORE – 560 024.

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…RESPONDENT (BY SRI B.R. MANJUNATH, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 02.12.2013 PASSED IN M.C. NO.1251/2011 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, FOR RESTITUTION OF CONJUGAL RIGHTS.

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M.F.A. NO.1170/2014

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR HEARING THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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None appears for the appellant.

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Learned counsel for the respondent submits memo along with the certified copy of the judgment and decree in M.C No.5307/2014 passed by the learned II Additional Principal Judge, Family Court, Bengaluru. He submits that in view of the judgment in M.C No.5307/2014, this appeal has become infructuous.

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This appeal is filed challenging the judgment and decree dated 02.12.2013 in M.C No.1251/2011. The respondent-husband filed M.C No.1251/2011 against the appellant seeking decree for Restitution of Conjugal Rights which came to be allowed on 02.12.2013.

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Pending this appeal, appellant filed M.C No.5307/2014 against the respondent seeking decree for dissolution of marriage under Section 13(i-a) (i-b) and under Section 13(1A)(ii) of Hindu Marriage Act, 1955. The

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M.F.A. NO.1170/2014

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said judgment further shows that in that petition the respondent-husband apart from denying the case of the wife, filed counter claim seeking decree for dissolution of marriage on the ground of cruelty and desertion.

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The learned II Additional Principal Judge, Family Court, Bengaluru dismissed M.C No.5307/2014 and allowed the counter claim of the respondent-husband and granted decree for dissolution of marriage in his favour.

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The said judgment was passed on 01.07.2021.

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There is nothing to show that the appellant has assailed the said judgment and decree. In view of the subsequent developments, this appeal has become infructuous and disposed of accordingly.

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Sd/JUDGE

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Sd/JUDGE

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Smt Priya Lakshmana v. Sri Harender Keerthi

Case brief

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Smt Priya Lakshmana v. Sri Harender Keerthi

Case brief

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