Mr. Rakesh Dinesh Hisaria v. Mrs. Veena Rakesh Hisaria

1/2 FCA 69 of 2016 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION FAMILY COURT APPEAL No. 69 OF 2016 Mr. Rakesh Dinesh Hisaria ...Appellant Vs.

Mrs. Veena Rakesh Hisaria

...Respondent

****** Mr. Prabhajan Gujar for Appellant None for the Respondent ****** CORAM : V. M. KANADE & Mrs. SWAPNA S. JOSHI, JJ DATE : SEPTEMBER 28, 2016 P.C. :

1.

We are informed by the learned counsel appearing on behalf of the Appellant that the application is filed by both the parties for divorce by consent under section 13B of the Hindu Marriage Act, 1955 (for short 'the said Act'). 2.

In view of the subsequent development, the present appeal does not survive. It is clarified that if an application is filed under section 13B of the said Act, then the Family Court shall consider it independently and shall not be influenced by the fact that the petition for divorce which was filed on other grounds was dismissed by the Family Court and the Family Court shall proceed

2/2 FCA 69 of 2016 to decide the petition filed by the parties for divorce by mutual consent on merits and in accordance with law. Hence, Family Court Appeal is disposed of.

Mrs. SWAPNA S. JOSHI, J.

V.M. KANADE, J.

Vaishali Tikam