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Bombay High CourtWP/1774/2013disposed off

Vijay Anand Naik v. Smt. Savita Vijay Naik

2015-01-08Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

WP1774_13.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1774 OF 2013 Vijay Anand Naik ...

Petitioner Vs.

Savita Vijay Naik ...

Respondent Ms Sarah Kapadia for Respondent.

CORAM : R. G. KETKAR, J.

DATE : JANUARY 08, 2015 P.C. :

None appears for the petitioner. Even on the earlier date i.e. 06.01.2015, none appeared for the petitioner. 2.

Ms Kapadia has tendered photocopy of the judgment and order dated 28.08.2014 passed by the learned Principal Judge, Family Court, Mumbai in Petition No.A-1958 of 2010. By that order, the Family Court partly allowed the Petition instituted by the petitioner-husband and the marriage between the petitioner and the respondent solemnized on 04.11.2007 was dissolved by decree of divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The counter-claim set out by wife for restitution of conjugal rights was dismissed. The custody of minor son Pranit was ordered to remain with the respondent-wife. The petitioner is ordered to pay maintenance of Rs.7,000/- per month to minor son Pranit from the date of the order. The 1/2

WP1774_13.sxw photocopy of the said order is taken on record and marked 'X' for identification.

3.

Ms Kapadia states that in view of the disposal of the main Petition, this Petition does not survive and the same has become infructuous.

4.

In view thereof, the Petition is disposed of as infructuous. (R. G. KETKAR, J.) Minal Parab 2/2