Mrs. Omana Agastyan Paul Raju v. Shri. Agasytyan Paul Raju

924.fca.204.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 204 OF 2016 IN CIVIL APPLICATION NO. 160 OF 2015 IN FAMILY COURT APPEAL NO. 204 OF 2016 Mrs Omana Agastyan Paul Raju ...Appellant vs Agastyan Paul Raju

...Respondent.

.....

Mr Rajeev R. for the Appellant.

.....

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

JUNE 29, 2018.

P.C. :

Heard learned counsel for the appellant. Both the respondents are duly served but none appeared. Learned counsel for the appellant submits that by this Family Court Appeal, the appellant is challenging clause No.

(2) of the Judgment and Decree dated 30th September, 2014 passed by the Family Court, Pune in P.A.No.983 of 2011. He further submits that the appellant may be permitted to file separate appeal challenging clause No.(3) of the operative part of the Judgment and Decree dated 30th September, 2014. Clause Nos.(2) and (3) reads thus:

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924.fca.204.2016.doc "(2) The marriage solemnized on 06.11.2009 between the petitioner Shri Agastyan Paul @ Raju and respondent Mrs Omana L. @ Omana Agastyan Paul is hereby dissolved by decree of divorce under Section 27(1)(d) of the Special Marriage Act, 1954;

(3) The counter claim filed by the respondent vide Exh. 12 is hereby dismissed."

Considering the submissions made by the learned counsel for the Petitioner, we are of the opinion that the appellant has made out a case for passing the following order: (a) Admit;

(b) Printing is dispensed with;

(c) The appellant to file private paper book within one year from today, failing which the appeal shall stand dismissed without further reference to the Court;

(d) The Registry is directed to call Record and Proceedings immediately;

(e) Hearing of the Appeal is expedited.

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