Atiya Zahra Hussain v. Syed Arif Ali

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.6664/2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Mr.Karl Tamboly a/w Ms Parinaz Vakil a/w Ms Rhia Mehta I/b Vashi and Vashi for petitioner.

Advocate Ms Taubon F. Irani a/w Ms Disha Shetty a/w Ms Tasnum Siddiqui for respondent.

CORAM : K. K. TATED, J DATE : JULY 12, 2019.

P.C.:

Heard learned counsel for parties.

2.

By this writ petition, the petitioner/wife is seeking to set aside order dated 16.5.2019 1/3

passed by the Family Court at Bandra on her application dated 16.5.2019 for permission to take both children during summer vacation out of India.

3.

Learned advocate Ms Taubon Irani for the respondent submits that during pendency of present writ petition, both parties filed Consent Terms dated 26.6.2019 before Family Court in respect of access to both children. In view of subsequent development i.e. execution of Consent Terms dated 26.6.2019 nothing survives in the present writ petition.

4.

It is to be noted that in the present proceeding by this petition, the petitioner is seeking permission for taking both minor children to Geneva. Summer Vacation of both children are upto 29.7.2019. It is an admitted fact that pending hearing and final disposal of writ petition, both the parties filed Consent Terms before Family Court. Photocopy of said Consent Terms is taken on 2/3

record and marked 'X' for identification.

5.

In view of subsequent development, I do not find any substance in writ petition. Hence, the writ petition stands disposed of as infructuous.

6.

Liberty granted to petitioner to file writ petition for same cause of action in future.

(K.K.TATED, J.) 3/3