Bombay High Court

SONIYA VISHAL VISHWAKARMAversusVISHAL SATYANARAYAN VISHWAKARMA

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition was dismissed as there was no surviving cause of action after the disposal of the matrimonial proceeding.

Summary

The petitioner, Soniya Vishal Vishwakarma, filed writ petition No. 3001 of 2021 in the Bombay High Court, Aurangabad Bench, challenging a matrimonial proceeding (H.M.P. No. A-118/2020) that had been concluded on 29 December 2021. The petition sought relief despite the earlier disposal of the matrimonial case. The Court examined whether any cause of action remained after the final disposal of the matrimonial proceeding. It held that the earlier decree fully resolved the dispute and no substantive issue survived to be entertained in the writ petition. Consequently, the Court dismissed the writ petition, stating that there was nothing left to adjudicate.

Issues considered

What relief, if any, could be granted in a writ petition when the underlying matrimonial proceeding has already been disposed of?

Subjects

matrimonial dispute
writ petition
dismissal
res judicata
High Court

Judgment

2026:BHC-AUG:17253
                                                  1 of 1                      922-WP.3001.2021




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               922 WRIT PETITION NO. 3001 OF 2021

                                    SONIYA VISHAL VISHWAKARMA
                                              VERSUS
                                VISHAL SATYANARAYAN VISHWAKARMA
                                                ...
                Mr. Uttam L. Talegaonkar and Mr. Nitin U. Talegaonkar, Advocate for
                the Petitioner.
                                                ...

                                           CORAM :         SIDDHESHWAR S. THOMBRE, J.
                                           DATE    :       18th APRIL, 2026
                P.C.:-

                1.        The present proceeding is arising out of the matrimonial

                proceeding i.e. H.M.P. No.A-118/2020 has been disposed of on

                29.12.2021. Therefore, nothing survives in the present petition and

                the same is disposed of.

                                                    (SIDDHESHWAR S. THOMBRE, J.)




      Tauseef

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