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Bombay High CourtFCA/85/2011disposed off

Meenakshee Pramod Ambikar v. Pramod Khaderao Ambikar

2024-04-16Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

6.fca.85.2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.85 OF 2011 Meenakshee Pramod Ambikar .. Appellant/ Org.Petitioner

Versus

Pramod Khaderao Ambikar .. Respondent Ms.Seema Sarnaik a/w Sangeeta Salvi, Aseem Sharma Advocates for the Appellant/Wife.

Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.04.16 17:49:52 +0530 UTKARSH KAKASAHEB BHALERAO Ms.Priya Patil i/b Abhijeet Kondarkar, Advocates for Respondent.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : APRIL 16, 2024 P. C.

1.

Ms.Sarnaik, the learned advocate appearing on behalf of the Appellant-Wife, submitted that the present Family Court Appeal has been filed by the Appellant-Wife being aggrieved by the decision of the Family Court dated 13th April, 2011 denying divorce to her. Today, she has brought to our attention that the Respondent-Husband has expired on 15th March, 2024. She has also tendered the Death Certificate of the Respondent-Husband along with a letter written by the Appellant-Wife enclosing the Death Certificate and giving instructions that she does not APRIL 16, 2024 Utkarsh

6.fca.85.2011.doc wish to proceed with the above Appeal. The said letter along with the Death Certificate and the Aadhar Card of the Appellant-Wife are taken on record and marked 'X' for identification.

2.

The advocate for the Respondent-Husband has also confirmed to the Court that the Respondent-Husband has expired on 15th March, 2024.

3.

Considering these circumstances, and in view of the fact that the Respondent-Husband is now no more, nothing would survive in the above Appeal and the same is disposed of accordingly. However, there shall be no order as to costs.

4.

In view of the dismissal of the above Appeal, any Applications filed therein would also not survive and are also accordingly disposed of.

5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.] APRIL 16, 2024 Utkarsh