Smt.Sangita Talokar v. Bhimesh Talokar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 153 of 2012 • Smt. Sangita Talokar, W/o Bhimesh Talokar, Aged about 32 years, R/o. Mamta Nagar, Gali No.5, Rajnandgaon, P.S., Tahsil & District Rajnandgaon (C.G.).

---- Appellant

Versus

• Bhimesh Talokar, S/o N.M. Talokar Aged about 37 years, R/o Plot No. 92, Punum Colony, P.S., Tahsil District Rajnandgaon (C.G.) ---- Respondent For Appellant :

Mr. Anup Majumdar, Advocate For Respondent :

Mr. Rajat Agrawal, Advocate on behalf of Mr. S.C. Verma.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Arvind Singh Chandel Order On Board By Justice Prashant Kumar Mishra 03/08/2017 1.

By an order passed in F.A. (M) No. 151/2012 today, the instant appeal has been de-linked.

2.

Learned counsel for both the parties jointly informed that by an order dated 16/06/2016 passed in Civil Suit No. 153A/2015, the Family Court has allowed the prayer made under Section 13 B of the Hindu Marriage Act, 1955 (In short 'the Act') by the parties for divorce by mutual consent.

3.

In the facts and circumstances of the case, the application under

Section 9 of the Act itself has been rendered infructuous. The appeal being continuation of the suit the cause of action for seeking restitution of conjugal right under Section 9 of the Act must survive till the matter attains finality at the appellate stage.

4.

In view of the above, the application under Section 9 of the Act, 1955 is rendered infructous due to subsequent events, therefore, the instant appeal deserves to be and is hereby allowed.

5.

The respondent's application under Section 9 of the Act, 1955 deserves to be and is hereby dismissed on account of subsequent events.

6.

A decree be drawn up accordingly.

Sd/- Sd/- Judge Judge Prashant Kumar Mishra Arvind Singh Chandel Rahul