Mrs. Ritu Joseph Philip v. Col. Joseph Philip

cam-330.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.330 OF 2015 IN FAMILY COURT APPEAL NO.123 OF 2013 Col Joseph Philip ... Applicant

Versus

Mrs. Ritu Joseph Philip ... Respondent Mrs. Ritu Joseph Philip Applicant in person.

Mr. H.S. Vyas for the Respondent.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 14th OCTOBER, 2016 P.C.

The learned counsel appearing for the Applicant on instructions of the Applicant states that the cause of action for filing this application does not survive. He, therefore, seeks permission to withdraw this application with liberty to file a fresh application in the event the cause of action arise again. Accordingly, we dispose of the application with liberty as prayed. Place the Civil Application No.185 of 2013 for hearing on 24th November, 2016. If the Respondent has not paid the entire arrears of maintenance, we permit the applicant to file an affidavit placing on record necessary details. Such affidavit shall be filed on or before 18th November, 2016.

(A.A. SAYED, J ) (A.S. OKA, J )