Mr. Pradeep T. Datwani v. Mrs. Mansi P. Datwani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 77 OF 2016 WITH FAMILY COURT APPEAL NO. 82 OF 2016 Pradeep T. Datwani ... Appellant Vs.

Mansi P. Datwani ... Respondent WITH INTERIM APPLICATION NO. 30269 OF 2022 IN FAMILY COURT APPEAL NO. 147 OF 2014 Mansi P. Datwani nee Dudani .. Applicant

IN THE MATTER BETWEEN:

Pradeep Tikamdas Datwani .. Appellant Vs.

Mansi P. Datwani .. Respondent ---- Aditi Naikare, advocate for the Appellant.

Taubon F. Irani, advocate for the Respondent ---- CORAM : K. R. SHRIRAM & KAMAL KHATA, JJ.

DATED : 21st DECEMBER 2022 P.C. :

1.

In compliance with the order dated 16th December, 2022, Respondent has filed an Affidavit affirmed on 21st December, 2022 consenting to the Court converting the Decree of Divorce granted by the Family Court on 17th November, 2015 into a Divorce by Mutual Consent. 2.

As far as Appellant is concerned, Ms. Irani places on record a

2/5 2-FCA-77-2016.odt print out of scanned version of unaffirmed Affidavit and which is signed but not notarised, wherein Appellant also prays that a Decree of Divorce granted by the Family Court on 17th November, 2015 be converted into a Divorce by Mutual Consent. The same is taken on record and marked "X" for identification and for ease of reference the same is scanned and reproduced hereinbelow:

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4/5 2-FCA-77-2016.odt 3.

Ms. Irani identified the signature of Appellant. Ms. Irani states that Appellant is presently in Dubai and in view of ensuing Christmas Holidays and the fact that it takes longer in Dubai to get the documents

5/5 2-FCA-77-2016.odt notarised prays that Appellant be permitted to file the Original Affidavit within three weeks from today. Ms. Naikare has no objection. Appellant to file the affidavit within 3 weeks.

4.

In the circumstances, the Decree of Divorce granted on 17th November, 2015, by consent, is converted into a Decree of Divorce by Mutual Consent in view of irreconcilable differences between the parties. 5.

Appeal accordingly disposed.

6.

Drawn up Decree expedited.

7.

In view of the above, Ms. Irani seeks leave to withdraw the Appeal No. 82 of 2016. The same is dismissed as withdrawn. 8.

All Interim Applications stand disposed.

Digitally signed by GANESH SUBHASH LOKHANDE Date:

2022.12.23 17:19:06 +0530 GANESH SUBHASH LOKHANDE (KAMAL KHATA, J.) (K. R. SHRIRAM, J.)