Bombay High CourtXOB/4/2016disposed of

Maria Francisca Rodrigues. v. Joaquim Cristo Quadros, Rep. By Constituted Attorney Luis Victor Quadros.,

2018-02-02Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CROSS OBJECTION NO. 4 OF 2016 IN SECOND APPEAL NO. 44 OF 2012 MARIA FRANCISCA RODRIGUES.

... Appellant

Versus

JOAQUIM CRISTO QUADROS, REP. BY CONSTITUTED ATTORNEY LUIS VICTOR QUADROS., ... Respondent Mr. Iftikhar Agha, Advocate for the Appellant. Coram:- C. V. BHADANG, J.

Date:- 2nd February 2018 P.C:

As per order dated 11.01.2018, passed by the learned Deputy Registrar, the second appeal is dismissed for want of compliance of order dated 13.06.2017, passed by this Court.

2. In this case, the Trial Court had granted a decree of divorce in favour of the cross objector, on the ground of ill treatment and abandonment for a period of more than three years. In appeal, the Appellate Court found that the ground of cruelty is not proved, nonetheless, the decree of divorce on the ground of abandonment, is confirmed. In the cross objection, the cross objector is seeking to challenge the finding of the learned Appellate Court on the ground of cruelty.

XOB/4/2016

3. Shri Agha, the learned Counsel for the appellant submits that since after the decree of divorce, the marriage registration has been cancelled and the appellant has remarried.

4. Be that as it may, in view of the fact that the final decree is in favour of the cross objector and the second appeal having already been dismissed, nothing would survive in the cross objection, which is accordingly disposed of.

C. V. BHADANG, J.