Mrs. Dipali Rajesh Naika v. Mr. Rajesh Laxman Naik

WP6395_18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6395 OF 2018 Dipali Rajesh Naik ...

Petitioner Vs.

Rajesh Laxman Naik ...

Respondent Mr. Paresh B. Thakar for Petitioner.

CORAM : R. G. KETKAR, J.

DATE :

JUNE 22, 2018 P.C. :

Not on Board. At the request of Mr. Thakar, learned Counsel for the petitioner, taken up for admission.

2.

By this Petition under Article 227 of the Constitution of India, petitioner has challenged the judgment and decree dated 11.04.2018 passed by the learned Judge, 4th Family Court, Mumbai in Petition No.A-2544 of 2016. By that order, the learned trial Judge converted the Petition originally instituted under Section 13-B of the Hindu Marriage Act, 1955 (for short 'Act') and dissolved the marriage solemnized between the parties on 30.05.2013 by a decree of divorce under Section 13-B of the Act.

3.

Mr. Thakar has invited my attention to the decision of this Court in Sushma Vs. Pramod, 2009 (4) Mh.L.J. 81, which lays down that appeal against decree of divorce is maintainable. He, therefore, seeks permission to withdraw this Petition with liberty to file appeal. 4.

In view thereof, on the motion made by Mr. Thakar, Petition is allowed to be withdrawn with liberty as prayed for. It is made clear that I have not examined the merits of the case. Order accordingly. (R. G. KETKAR, J.) 1/1 Minal Parab