The Karnataka High Court in a civil petition under Sec. 24 of CPC sought withdrawal of a mediation certificate. The court dismissed the petition as infructuous since the respondent had already been granted a decree of divorce.
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CP No. 218 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CIVIL PETITION NO. 218 OF 2022
BETWEEN:
MRS. DIVYA BHANDARI, AGED ABOUT 30 YEARS, D/O. BALAKRISHNA BHANDARI, R/AT NO.2, KHAIN SERENITY BUILDING, CHANDU MAIDAN ROAD, UDUPI - 576 101.
…PETITIONER
(BY SRI. SHOBITH N. SHETTY, ADVOCATE)
AND:
Digitally signed by REKHA ANKAIAH Location: HIGH COURT OF KARNATAKA
MR. AMAR Y, AGED ABOUT 31 YEARS, S/O. YOMAKESH B.T, R/AT NO.4, LAKSHMI VENKATESHWARA, BANK COLONY, NEAR SAI SARASWATHI SCHOOL, MYSORE - 570 026.
…RESPONDENT
THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL PETITION UNDER SEC.24 OF CPC, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO PASS AN ORDER FOR WITHDRAWING THE M.C.NO.725/2021 ON THE FILE OF
CP No. 218 of 2022
THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, MYSORE AND TRANSFER THE SAME TO THE JURISDICTIONAL PRINCIPAL JUDGE, FAMILY COURT AT UDUPI TO ADJUDICATE THE MATTER BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that the present petition does not survive for consideration in view of the fact that the proceedings before the Family Court has been allowed by granting a decree of divorce. Hence, the present petition would not survive for consideration.
Placing his submission on record, this petition is dismissed as having become infructuous.
Sd/JUDGE
VS
1 issue framed by the court
Whether a petition under Sec. 24 of CPC for withdrawal of mediation certificate survives after a decree of divorce has been granted.
MRS. DIVYA BHANDARI
MR. AMAR Y
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
