C. N. Sathyanarayana, S/O. Late M. Narayanaswamy v. K. Kavitha, W/O. Sathyanarayan C. N.
2020-11-26
B.V.NAGARATHNA, N.S.SANJAY GOWDA
body2020
DigiLaw.ai
JUDGMENT : NAGARATHNA, J. 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. 4. In the circumstances, we hold that the appeal has stood abated. The judgment and decree of the Family Court has now attained finality. The respondent is entitled to one-fourth of the net retirement benefits. The children of the parties are entitled to their respective shares in the estate of the appellant, who is none other than their father in accordance with law. 5. In view of this judgment, liberty is reserved to the parties to seek their dues from BESCOM in accordance with law. 6. Since the appeal has stood abated, interim order of stay stands dissolved. Therefore, there is no impediment for BESCOM to disburse the dues of the respondent and the children expeditiously and in accordance with law.