The High Court of Karnataka dismissed a miscellaneous first appeal filed under Section 28(1) of the Hindu Marriage Act as infructuous. The court noted the lower court's original divorce petition had been allowed during the appeal's pendency, dissolving the marriage via a subsequent decree.
The appeal is dismissed as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No.3335 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO.3335 OF 2017 (MC)
BETWEEN:
Digitally signed by RUPA V Location: High Court of Karnataka
…APPELLANT
(BY SMT. YOGITHA MUDAKANNAVAR, ADV., FOR SRI. SWAMY SHIVAPRAKASH H, ADV.,)
AND:
…RESPONDENT
(BY SRI. RAJA KUMAR C, ADV.,)
THIS MFA IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 17.03.2017 PASSED IN M.C.NO. 6/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., HOSADURGA, DISMISSING THE PETITION FILED UNDER
MFA No.3335 of 2017
SECTION 13(1)(i)(a) OF HINDU MARRIAGE ACT 1955, FOR DISSOLUTION OF MARRIAGE.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 28(1) of the Hindu
Marriage Act, 1955 has been filed against the judgment and decree dated 17.03.2017, by which the petition filed by the appellant / husband seeking dissolution of marriage has been dismissed.
that during the pendency of this appeal, the respondent /wife had filed a petition viz., M.C.No.24/2020 seeking dissolution of marriage. The aforesaid petition has been allowed by the trial court vide judgment dated 04.10.2021 and the marriage performed between the parties has been dissolved by a decree of divorce.
MFA No.3335 of 2017
been taken place during the pendency of the appeal, nothing survives for adjudication in this appeal.
Accordingly, the appeal is dismissed as having
become infructuous.
Sd/JUDGE
Sd/JUDGE
SS
Sri. Shashikumar S/o Bhyrappa
Smt. Ambika W/o Sri. Shashikumar
Alokr Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
