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Bombay High CourtSA/509/2018allowed to be withdrawn

Sou.Harshali Ashish Magadum (Before Marriage) Kum.Harshali D/O Sanjay Patil And ORS v. No One

2018-09-04Hon'Ble Shri Justice Arun Madhav Dhavale2 pages

501 SA 509-18=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 509 OF 2018

1. Sou. Harshali Ashish Magadum, Before marriage Kum. Harshali d/o Sanjay Patil

2. Shri. Ashish Ashok Magadum ... Appellants V/s.

No one ... Respondent ---- Mr. T. S. Ingale a/w Nikhil Pawar for the Appellant. CORAM : A.M.DHAVALE, J.

DATE : 4th SEPTEMBER, 2018 P.C.:

The husband and wife on 23.04.2018 applied for divorce by mutual consent and along with petition, they filed application under proviso of Section 14 for granting exemption from filing the petition after period of one year from the date of divorce. The said application came to be rejected and the first appeal filed against the same also came to be rejected. In the second appeal, after hearing the parties, I find that the said order would not amount to a decree as it does not finally determine the rights between the parties.

Considering the fact that the learned Counsel for the Appellant seeks to invoke the inherent jurisdiction of this Court, he is permitted to withdraw the Sneha Chavan 1/2

501 SA 509-18=.doc second appeal with liberty to avail any other legal remedies open to him. No opinion expressed about the remedies open.

Second Appeal stands disposed of as withdrawn. (A.M.DHAVALE, J.) Sneha Chavan 2/2