Bombay High CourtCAM/123/2018

Smt. Bharati Dhanaji Jadhav v. Shri. Dhanaji Mahipati Jadhav

2018-04-27Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

917.cam.123.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 123 OF 2018 IN FAMILY COURT APPEAL NO.82 OF 2018 Smt.Bharati Dhanaji Jadhav ...Applicant/Appellant vs Dhanaji Mahipati Jadhav

...Respondent.

.....

Mr Amey Deshpande for the Applicant/Appellant. None for the Respondent.

.....

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

APRIL 27, 2018.

P.C. :

Heard learned counsel for parties.

By this Civil Application, the applicant wife is seeking stay of operation and implementation of the impugned Judgment and Decree dated 8th March, 2018 passed by the Family Court, Bandra in Petition No.A-3032 of 2017 by which the Family Court allowed the respondent-husband's application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.

Learned advocate for the applicant-wife filed an affidavit dated 27th April, 2018 stating that she has no objection Pg 1 of 2

917.cam.123.2018.doc to grant access of child Atharva aged 10 years to the respondent-husband. The same is taken on record and marked "X" for identification.

Considering the submissions made by the learned advocate for the applicant/appellant and the averments made in the Civil Application and the affidavit-cum-undertaking filed by the applicant dated 27th April, 2018, we are satisfied that the applicant has made out a case for allowing the Civil Application. The Civil Application is allowed in terms of prayer clause (a) which reads thus- "(a) That this Honourable Court may kindly be pleaed to stay the impugned common Judgment and Decree dated 08.03.2018 in Petition No. A 3032 of 2017 passed by the Honourable Family Court, Bandra may kindly be stayed till the disposal of the present Family Court Appeal on merits."

The Civil Application is disposed of accordingly. No costs.

At the request of learned advocate for the appellant, the Registry is directed the place the Family Court Appeal for admission on 25th June, 2018.

(B.P.COLABAWALLA, J.) ( K.K.TATED, J.) Pg 2 of 2