THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD C.M.A.No.1803 of 2003 JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana) This appeal is filed by the appellant-wife challenging the order dated 17.1.2003 passed by the Family Court, Hyderabad, allowing O.P.No.87 of 2000 filed by the respondent-husband for restitution of conjugal rights. In the affidavit filed in support of the O.P., the respondent stated that he married the appellant on 13.8.1993. That out of their wedlock a female child was born. Thereafter, the appellant-wife developed egoism as she was getting more income than him. Thus, misunderstandings arose between them and she left his company without any reasonable excuse and that the negotiations for getting her to his fold through the elders did not yield any result. Therefore, he is constrained to file OP under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The appellant-wife filed counter in the O.P., stating that respondent-husband neglected and failed to look after her, and her child properly and that he did not extend any co- operation in maintaining the family and that he is in the habit of changing jobs from time to time, causing burden on her, and therefore, she left his company. The husband examined himself as P.W.1 and also examined his friends as P.Ws.2 to 3 on his behalf. The wife examined herself as R.W.1 and also examined her sister as R.W.2. No documentary evidence was adduced by either of the parties. On appreciation of the oral evidence adduced by both the parties, the Court below allowed the O.P. and directed the appellant- wife to join the husband within two months. Challenging the same, the appellant-wife, as stated above filed present appeal. Today, when the matter is taken up, both the Counsel brought to the notice of this Court, that the respondent-husband filed O.P.No.824 of 2011 on the file of the Additional Family Court, Hyderabad for divorce and the matter is coming up for hearing. Since the respondent-husband is said to have filed OP seeking divorce, the adjudication of the issue involved in this appeal would serve no purpose and therefore, we feel it appropriate to direct the Additional Family Court, Hyderabad, to dispose of O.P.No.824 of 2011 filed by the respondent-husband, on its own merits. With the above observations, the appeal is disposed of. No order as to costs. _______________ N.V.RAMANA, J ___________________ P. DURGA PRASAD, J Dated: 30.11.2011 Nn THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD C.M.A. No.1803 OF 2003 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 30.11.2011 Nn