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2026 Supreme(Online)(Tel) 14901
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, B.R. Madhusudhan Rao, JJ
Smt.K.Prasuna – Appellant
Versus
Sri.K.V.S.J.R.Subrahmanyeswara Rao – Respondent
FAMILY COURT APPEAL No.266 OF 2017
For the Appellants/Petitioners: Preetham, V. Nageswara Rao
For the Respondents:
A matrimonial appeal seeking restitution of conjugal rights is rendered infructuous when the parties reconcile and resume cohabitation during the pendency of the appeal.
Headnote:(A) Matrimonial Law - Restitution of Conjugal Rights - Reconciliation - Where the parties to a matrimonial appeal resume cohabitation during the pendency of the proceedings, the cause of action ceases to exist and the appeal becomes infructuous. (Para 3, 4)
Issues: Whether the appeal for restitution of conjugal rights survives when the parties have resumed staying together.
| Table of Content |
|---|
| 1. procedural history of the petition for restitution of conjugal rights and subsequent appeal. (Para 1 , 2) |
| 2. dismissal of appeal as infructuous upon reconciliation and resumption of cohabitation by parties. (Para 3 , 4 , 5) |
JUDGMENT
(Per Hon’ble Sri Justice K.Lakshman)
The appellant – wife has filed a petition under Section 9 of the Hindu Marriage Act, 1955 vide FCOP.NO.187 of 2014 against the respondent – husband seeking restitution of conjugal rights.
2. Vide impugned order dated 13.06.2017, learned Family Court at L.B.Nagar, Ranga Reddy District, dismissed the said O.P. Challenging the said order, appellant - wife has preferred the present appeal.
3. Sri Preetham, learned counsel representing Mr.V.Nageswara Rao, learned counsel for the appellant, on instructions would submit that both the appellant and respondent staying together.
4. In the light of the said submissions, nothing remains in the present appeal to adjudicate further and cause in the present appeal has become infructuous.
5. Therefore, this Appeal is dismissed as infructuous.
Interim orders, if any, shall stand closed. Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
