Priya Girish Salunke v. Girish Ramesh Salunkhe

( 1 ) fca25.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FAMILY COURT APPEAL NO. 25 OF 2018 PRIYA GIRISH SALUNKE

VERSUS

GIRISH RAMESH SALUNKHE Mr.H.V.Tungar, Advocate appearing for the appellant Mr.M.R.Wagh, Advocate h/f Mr.Prakash S. Paranjape, Advocate appearing for the respondent CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

21.06.2018 P.C. :- .

Mr. Tungar, learned counsel appearing for the appellant by inviting our attention to the affidavit which is placed on record by the appellant Sau. Priya Girish Salunke (Maiden Name Priya D/o. Rajendra Patil) submitted in the affidavit that the appeal challenges the judgment and order dated 08.07.2016 passed by the learned Judge, Family Court, Aurangabad in the petition No.A522/2014. It is submitted in the affidavit that the learned Judge of the Family Court granted decree of judicial separation under Section 10(1) of the Hindu Marriage Act and the said order is subject matter in the present appeal. It is submitted that during pendency of the appeal No.25/2015 the appellant and the respondent entered into compromise and they have filed consent terms

( 2 ) fca25.18 in the petition No.A-323/2017 before the Family Court, Aurangabad. The appellant and respondent have decided to obtain the divorce by mutual consent and petition No.A323/2017 has been converted into petition under Section 13-(B) of the Hindu Marriage Act. It is submitted that the appellant is not willing to prosecute the Family Court Appeal No.25/2018 and she be permitted to withdraw the present appeal i.e. Family Court Appeal No.25/2018. 2.

Learned counsel appearing for the respondent also admits the factual aspects reflected in the affidavit referred to above.

3.

In view of the above facts, the appeal is allowed to withdraw. The appeal is disposed of as withdrawn.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/fca25.18