LAWS(KAR)-2020-11-397

C.N. SATHYANARAYANA Vs. K. KAVITHA

Decided On November 26, 2020
C.N. Sathyanarayana Appellant
V/S
K. Kavitha Respondents

JUDGEMENT

(1.) This appeal is filed by the husband assailing the judgment and decree dated 22/11/2018, passed in M.C.No.3263/2013, by the III Additional Principal Judge, Family Court at Bengaluru, by which, the petition filed by the respondent/wife under Section 13(1)(i)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for short) seeking dissolution of marriage solemnized with the respondent on 25/11/1984 at Tirumala Tirupathi Kalyana Mantapa, Vyalikaval, Bengaluru, was dissolved by a decree of divorce. Further, one-fourth of the net retirement benefits of the appellant was to be paid towards permanent alimony of the respondent herein.

(2.) Learned counsel for the appellant/husband submitted that the appellant died on 13/10/2020. Therefore, the appeal has stood abated.

(3.) Learned counsel for the respondent/wife submitted that the judgment and decree of the Family Court, therefore, attained finality. That accordingly, Bengaluru Electricity Supply Company Limited (BESCOM) may be directed to pay one-fourth of the net retirement benefits of the respondent/wife. He further submitted that the children of the parties are entitled to the estate of the appellant/husband. He also submitted that the respondent is entitled to family pension on account of the demise of the appellant.