Bombay High Court

NIKITA W/O VAIBHAV MUNDHEversusVAIBHAV S/O VAIJNATH MUNDHE

Disposal: DISPOSED OFF
Bench: Y G KHOBRAGADE

Holding

The pending application is infructuous and is disposed of because the parties have already obtained a decree of divorce.

Summary

The petitioner, Nikita, filed a miscellaneous civil application (No. 235 of 2024) before the Bombay High Court, Aurangabad Bench, seeking relief against the respondent, Vaibhav. During the pendency of the application, the parties mutually obtained a decree of divorce. The petitioner’s counsel informed the court of this development. The court held that, in view of the divorce decree, the relief sought in the pending application could no longer be granted. Consequently, the application was deemed infructuous and was disposed of. No further orders were made.

Issues considered

What is the effect on a pending civil application when the parties have already obtained a decree of divorce?

Subjects

divorce
civil procedure
infructuous application
family law
application disposal

Judgment

2026:BHC-AUG:2248



                                                 (1)                  922 mca 235.24

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                          922 MISC.CIVIL APPLICATION NO. 235 OF 2024

                                  NIKITA W/O VAIBHAV MUNDHE
                                            VERSUS
                                 VAIBHAV S/O VAIJNATH MUNDHE

                                                 …..
                      Advocate for Applicant : Mr. M.B. Gitte h/f. Tayde Pooja H.
                                                 …..

                                           CORAM :     Y.G. KHOBRAGADE, J.
                                           DATE :      17.01.2026

           P.C.:-

           1.           On instructions, the learned counsel appearing for the applicant

           submits that during the pendency of present application the applicant and the

           non-applicant have mutually obtained the decree of divorce.


           2.           In view of above, the prayer in the present application does not

           sustain and accordingly the application is disposed of as infructuous.



                                                          [Y.G. KHOBRAGADE, J.]




           mubashir

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