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Bombay High CourtFCA/130/2018

Mrs.Sangita Vijaykumar Bari v. Mr.Vijaykumar Kashinath Bari

2018-04-04Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

904 fcast6835-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL (ST) NO.6835 OF 2018 WITH CIVIL APPLICATION (ST) NO.6837 OF 2018 Sangita Vijaykumar Bari ... Appellant V/s.

Vijaykumar K. Bari ... Respondent Ms.Madhavi Tavnandi for the appellant Mr.Vikas Kolekar for the Respondent

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

APRIL 4, 2018 P.C. :

Heard.

Advocate for the appellant submits that in the present proceedings, appellant is challenging the judgment and decree dated 18.12.2017 passed by 4th Joint Civil Judge, Senior Division, Pune in Marriage Petition No.15 of 2013 under section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for divorce.

The learned counsel for the appellant submits that by mistake they filed present Appeal before this court. She submits that Appeal is Mohite 1/2

904 fcast6835-18.doc maintainable before the District Court itself. Hence, appellant may be permitted to withdraw the same with liberty to file before appropriate court. Same is granted.

Family Court Appeal stands disposed of with liberty as prayed. In view thereof, Civil Application does not survive. The same is also disposed of as infructuous.

(B. P. COLABAWALLA, J.) (K.K. TATED, J.) Mohite 2/2