- 1 - NC: 2025:KHC:6151 WP No. 30691 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 30691 OF 2024 (GM-FC) BETWEEN: MR. VIVEK, S/O NAVEEN SHETTY, AGED ABOUT 35 YEARS, R/AT 'SHREE DURGA KRIPA', NEAR MARADKA MARIGUDI, KINNIGOLI, MULKI TALUK, D.K. DISTRICT - 574 150. …PETITIONER (BY SRI RAJASHEKAR S., ADVOCATE) AND: MRS. NISHMITHA, W/O VIVEK, D/O LATE GANESH, AGED ABOUT 23 YEARS, R/AT KURIYADI THOTA HOUSE, IRA VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574 323. …RESPONDENT (BY SRI KETHAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 16.10.2024 PASSED ON I.A. NO.II FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT IN M.C.NO.251/2024 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, D.K.MANGALURU VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6151 WP No. 30691 of 2024 CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner-husband seeking a writ of certiorari to quash the order dated 16.10.2024 passed on I.A.No.II filed under Section 24 of the Hindu Marriage Act, 1955 by the Principal Judge, Family Court, D.K.Mangaluru. 2. Sri Rajashekar S., learned counsel for petitioner and Sri Kethan Kumar, learned counsel for respondent have filed a joint memo. 3. It is stated that the parties have mutually decided to resolve the dispute and accordingly, a mutual consent petition is filed before the Family Court and the same is allowed and the decree of divorce has been passed on the basis of the said mutual consent petition. Therefore, the present petition in effect may not survive for consideration as the parties to the proceedings have already resolved the dispute by preferring a separate mutual consent divorce petition in M.C.No.36/2025 and they have - 3 - NC: 2025:KHC:6151 WP No. 30691 of 2024 withdrawn M.C.No.251/2024, which is an interim order that is questioned before this Court. 4. Under the circumstances, the present petition would not survive for consideration any more as the main petition in M.C.No.251/2024 has already been withdrawn by the parties and the parties have obtained a mutual consent divorce petition before the Family Court in M.C.No.36/2025. 5. The joint memo along with three documents is placed on record. In view of the joint memo, this petition is disposed off. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK