Harshad Dilip Joshi v. Mrs.Maithili Harshad Joshi

1 - RPM. 5-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION No. 5 OF 2019 IN CIVIL APPLICATION No. 132 OF 2018 IN FAMILY COURT APPEAL No. 17 OF 2018 Harshad Dilip Joshi ...

Petitioner Vs.

Maithili Harshad Joshi ...

Respondent *** Mr. S. M. Kelkar a/w Shraddha Chavan i/b Mahendra Agvekar, for the Petitioner.

Ms. Prabha Badadre a/w Omkar Nagwekar, for Respondent. *** CORAM : INDRAJIT MAHANTY, & S. V. KOTWAL, JJ.

DATE : JULY 23, 2019 PC :

1.

The Petitioner is seeking review of order dated 27th February, 2019 passed in Civil Application No. 132 of 2018 filed in Family Court Appeal No. 17 of 2018. We had already observed that the prayer in the civil application was beyond the scope of the family court appeal and the application was not maintainable. Now, the review petition is filed by making averment in paragraph 2, which reads as under:

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1 - RPM. 5-19 "2.

The applicant challenged this order by filing a Writ Petition No. 6942/2014 taking the ground that respondent did not disclose her income. The High Court dismissed the Writ by holding that it is the responsibility of the applicant to bring the income of respondent on record. The copy of the said order is annexed herewith marked as Exhibit A."

2.

We find no such observation in the order passed by the Single Judge of this Court in Writ Petition No. 6942 of 2014. We have already granted liberty to the Petitioner / applicant to seek legal remedy as is available to him. Therefore, in our considered view, no ground for review is made out. The review petition is, therefore, dismissed.

Sd/- Sd/- [S. V. KOTWAL, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2