Shri.Mukesh Omprakash Mishra v. Mrs.Anushri Mukesh Mishra

8 FCA 141 OF 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.141 OF 2017 WITH CIVIL APPLICATION NO.243 OF 2017 Mukesh Omprakash Mishra ...

Appellant/Applicant versus Anushri Mukesh Mishra ...

Respondent Mr. Bhalwal with Mrs. Usha Singh I/by Vyas and Bhalwal, for Appellant. None for Respondent.

CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 22 nd JULY, 2019 P.C.:

1.

The Appellant had filed M.J.Petition No.A-620 of 2016 before the Family Court, Bandra, seeking dissolution of the marriage solemnized between the Appellant and the Respondent on 18 th January, 2014 on the ground of cruelty and desertion. By an order and Judgment dated 25 th May, 2017, the said M.J.Petition No.A-620 of 2016 was dismissed on the ground that the Appellant failed to prove the charges of cruelty and desertion. The Appellant has therefore, filed the above Family Court Appeal No.141 of 2017 impugning the said judgment and order passed by the Family Court, Bandra dated 25 th May, 2017.

2.

Today, the learned Advocate for the Appellant has sought to tender an Application duly signed by the parties seeking a decree of divorce by mutual consent. SSP 1/2

8 FCA 141 OF 2017.doc The Respondent-wife is not present in Court. She is also not represented by any Advocate. In view thereof, no orders are passed on the Application. However, the Appellant is at liberty to withdraw the above Family Court Appeal and to move the Family Court, Bandra seeking a decree of divorce by mutual consent. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2