Mr. Sameer Arjun Waghmare v. Smt. Sunita Sameer Waghmare

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1875 OF 2022 IN FAMILY COURT APPEAL NO. 176 OF 2014 Sameer Arjun Waghmare ...

Applicant/Appellant vs.

Smt. Sunita Sameer Waghmare ...

Respondent Mr. L. M. Shukla for the Applicant/Appellant. Mr. N. K. Rajpurohit, AGP for the State.

CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ rd August, 2022 DATE : 3 P.C. :

1.

Mentioned. Not on board. Upon mentioning, taken on board. 2.

The learned Counsel for the applicant/appellant submits that the present application is filed for seeking an amendment to the appeal. The learned Counsel further submits that post-filing of the first Family Court Appeal in this Court, a criminal matter, based on F.I.R. lodged against the appellant and his family members, was disposed of and the appellant and his family members were acquitted by the competent Criminal Court. The learned Counsel then submits that the decision supports the contentions raised in the appeal and as 1/2 Praecipe_IA_1875_2022.doc Priya Kambli

the appellant is not making out any new case, but only relies on an order passed by the competent Court, no breach would cause to the other side. 3.

Considering these submissions, the applicant is permitted to amend the appeal. Amendment to be carried out within one week from today. Needless to state that a copy of the amended appeal be supplied to the respondent. In case the respondent is desirous to file reply to the amended appeal, the same shall be filed within two weeks from today.

4.

Office is directed to list the appeal for further consideration on 5 th September, 2022.

5.

Interim Application is disposed of in above terms. (KISHORE C. SANT, J) (PRASANNA B. VARALE, J) 2/2 Praecipe_IA_1875_2022.doc Priya Kambli