SUDARSAN Vs. PREM KUMAR SARNA

JUDGEMENT

(1.) THE respondent of this appeal had filed Title suit No. 3 of 1960 for restitution of conjugal rights with the defendant of the suit. THE suit was decreed by judgment and order dated the 11th August, 1961. THE wife thereafter filed this appeal in this Court. It appears that in 1963 the respondent-husband had instituted a divorce suit, numbered as Suit No. 14 of 1983 in the Court of the District Judge of Singhbhum at Chaibassa against the present appellant, and by judgment and order dated the 14th June, 1965, the suit was decreed and a divorce granted to the husband. A certified copy of the judgment of this divorce suit has been admitted as additional evidence in this Court on behalf of the plaintiff and has been marked as Exhibit 4. A certified copy of the decree that followed in the divorce suit has also been exhibited as Exhibit 5. It is, therefore, clear from these two exhibits that the marriage between the plaintiff-husband and the defendant wife no longer subsists. THErefore, the decree obtained by the plaintiff-husband has really become infructuous and, therefore, the appeal has become infructuous also.

(2.) UNDER the circumstances, the appeal fails and is dismissed but without costs.