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2025 DAILYLAW 4594 (KAR)

RAMAKRISHNA v. VIDYA W/O RAMAKRISHNA PUJARI

MFA/100619/2017 · 2025-03-21

G Basavaraja, Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC-D:5217-DB MFA No. 100619 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 100619 OF 2017 (FC) BETWEEN: RAMAKRISHNA S/O. VISHNUSA PUJARI, AGE: 47 YEARS,OCCUPATION BUSINESS, R/AT: BROADWAY, HUBBALLI. …APPELLANT (BY SRI. S.S. NIRANJAN, ADVOCATE) AND: VIDYA W/O. RAMAKRISHNA PUJARI AGE ABOUT 41 YEARS, OCC. LIC AGENT, R/AT: C/O. VENKATESHASA, LAXMANSA BASAVA, NEAR VASAVI KALYAN MANTAP, BEHIND NEW BUS STAND, GOKUL ROAD, HUBBALLI. …RESPONDENT (BY SRI. S.L. MATTI, ADVOCATE) THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED:12.01.2017, PASSED IN MATRIMONIAL CASE NO.89/2013 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, DISMISSING THE PETITION FILED U/SEC. 13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Date: 2025.03.25 16:16:30 +0530 - 2 - NC: 2025:KHC-D:5217-DB MFA No. 100619 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) The learned counsel for the appellant has brought to the attention of this Court that the respondent-wife has passed away. Taking note of this submission, it is evident that the present appeal, which challenges the order of the Family Court rejecting the petition filed under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, seeking dissolution of marriage, does not survive for consideration. Since the respondent-wife is no longer alive, the very cause of action for seeking divorce stands extinguished. In view of the above, the appeal is rendered infructuous and accordingly stands abated. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE RSH / CT-CMU LIST NO.: 2 SL NO.: 20