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Bombay High CourtFCA/185/2015

Mrs. Dipti Deepak Naik v. Mr. Deepak Rohidas Naik

2018-06-22Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

914.185.15-fca.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.185/2015 WITH CIVIL APPLICATION NO.316/2015 Dipti Deepak Naik ... Appellant V/s.

Deepak Rohidas Naik ... Respondent Ms. Sana Shaikh i/b. Laxman P. Kanal for the Appellant Mr. Uday Warunjikar for the Respondent

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JUNE 22, 2018 P.C. :

Heard. The learned counsel for the Appellant has filed an affidavit dated 22.06.2018 stating that the Appellant may be permitted to withdraw the appeal with liberty to make an appropriate Application to the Family Court for maintenance u/s.25. Said affidavit is taken on record and marked "X" for identification.

Considering the submissions made by the learned counsel for the Appellant and perusal of the affidavit dated 22.06.2018, following order is passed:

a.

Liberty granted to the Appellant to make an appropriate Application before the Family Court for maintenance. Basavraj G. Patil 1/2

914.185.15-fca.doc b.

If such an Application is made, the Family Court is directed to decide the same on merits, after hearing both sides. c.

The Family Court Appeal and the Civil Application stand disposed of as withdrawn.

d.

No order as to costs.

(B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2