Surekha Umakant Masali v. Umakant Basawaraj Masali

6-fca37-21.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.37 OF 2021 WITH INTERIM APPLICATION NO.2033 OF 2021 VASANT ANANDRAO IDHOL Date: 2023.02.13 18:40:37 +0530 VASANT ANANDRAO IDHOL Surekha U. Masali ...Appellant / ...Applicant V/s.

Umakant B. Masali

...Respondent

Mr.Rajiv Patil, Senior Advocate i/b Ms.Rekha Musale and Ms.Kavita P. Shinde for the Appellant / Applicant.

Mr.M.U. Rajput for the Respondent.

Surekha U. Masali - Appellant is present in Court. Umakant B. Masali- Respondent is present in Court. CORAM : R.D. DHANUKA & M.M. SATHAYE , JJ.

DATE : 10TH FEBRUARY, 2023.

P.C. :- 1.

By consent of parties, the following order is passed :- a).

The impugned judgment dated 17th March, 2021 passed by the Family Court, Solapur, dissolving the marriage between the Appellant and the Respondent, which took place on 26th December, 2005 passed in Petition No.A-123 of 2017 is set aside. b).

The Petition No.A-123 of 2017 is restored to file before 1/2

6-fca37-21.doc the Family Court, Solapur.

c).

The Appellant would be at liberty to cross-examine the witnesses examined by the Respondent (Original Petitioner), whose cross-examination is not yet concluded. It is also made clear that if the evidence of the Respondent (Original Petitioner) is concluded, the Appellant would be at liberty to examine herself and any other witnesses.

d).

Both the parties agree that they will co-operate with each other and the Family Court, Solapur in disposing of the Petition expeditiously filed by the Respondent husband. e).

Hearing of the Petition No.A-123 of 2017 is expedited. f).

The Family Court, Solapur to dispose off the said Petition No.A-123 of 2017 itself within six months from the date of commencement of evidence.

g).

The Family Court Appeal is disposed off in aforesaid terms. There shall be no order as to costs.

2.

In view of disposal off the Family Court Appeal, Interim Application No.2033 of 2021 does not survive and the same is accordingly disposed off.

3.

The parties are directed to appear before the Family Court, Solapur on 20th February, 2023 at 11:00 a.m. for directions. (M.M. SATHAYE , J.) (R.D. DHANUKA, J.) 2/2