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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, CJ.
Siddhartha Balodi - Appellant
Versus
Latasha Barshilia - Respondent
Transfer Application No. 21 of 2020
Decided On : 10-01-2023
Infructuous - Divorce by Mutual Consent - The court dismissed the application as infructuous due to the parties obtaining divorce by mutual consent.
Fact of the Case:
The present application became infructuous as the parties obtained divorce by mutual consent.
Finding of the Court:
The court dismissed the present application as infructuous due to the parties' mutual consent divorce.
Issues:
Ratio Decidendi: The court's decision was influenced by the fact that the parties had obtained divorce by mutual consent.
Final Decision: The present application was dismissed as infructuous.
JUDGMENT
Vipin Sanghi, CJ. - Learned counsel for the applicant states that the present application has become infructuous, since the parties have arrived at settlement. The parties have obtained divorce by mutual consent.
2. Accordingly, the present C-24 application is dismissed as infructuous.
3. Pending application, if any, stands disposed of.
The court can dismiss an application as infructuous if the parties have obtained divorce by mutual consent.
The court has the discretion to dismiss an application as withdrawn if the applicant does not press the application.
A petition may be dismissed as infructuous if the matter at hand no longer requires adjudication.
Judicial intervention is unnecessary when the matter has become infructuous.
A petition can be dismissed as infructuous if the underlying matter loses its relevance or necessity for judicial resolution.
Amicable settlement between parties leads to dismissal of petitions as infructuous.
An original petition is dismissed when the petitioner acknowledges that the cause of action or the relief sought has become infructuous due to subsequent events.
A contempt petition may be dismissed as infructuous when the underlying grievance or the necessity for compliance has been rendered redundant by the efflux of time.
The court dismissed the petition as infructuous based on counsel's submission.
A case becomes infructuous when no substantial issues remain to be adjudicated.
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