P.Vasundhara Devi v. K.Sankara Prasad

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO CMA.No.4199 of 2003 JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy) This appeal, under Section 19 of the Family Courts Act, is filed aggrieved by the order dated 23.10.2003 in O.P.No.26 of 2001 on the file of the Family Court at Kurnool, whereby the petition filed by the respondent - husband, under Section 6 of the Hindu Minority and Guardianship Act and Section 25 of the Guardian and Wards Act read with Section 7 (1) (f) of the Family Courts Act, was allowed directing the appellant - wife to handover the ward by name Vijetha to the respondent.

When the matter has come up for hearing, it is submitted that during the pendency of this appeal, the minor girl has attained the age of majority and, as such, the subject matter of the appeal has become infructuous. However, it is submitted that while passing the impugned order, certain remarks were recorded against the appellant - wife, which run contrary to the orders passed in the divorce proceedings. It is also brought to the notice of this Court that decree of divorce was granted by the Court

on the basis of compromise petition filed by the parties prior to filing of the petition in O.P.No.26 of 2001. As much as the parties have already obtained decree of divorce and the minor girl has attained the age of majority, we deem it appropriate to dispose of the appeal by observing that no adjudication on merits is necessary in this appeal, but at the same time the remarks made against the appellant - wife in the impugned order stand expunged.

Subject to the above, the Civil Miscellaneous Appeal is disposed of. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE R. SUBHASH REDDY __________________________________ Dr. JUSTICE B.SIVA SANKARA RAO 21.01.2015 v v