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Bombay High CourtAO/40/2016dismissedrule discharged

Sau. Sonali W/O. Ankit Mishra (Ku. Sonal D/O. Suresh Gajbhiye) v. Ankit S/O. Late Sushil Mishra

2017-04-10Hon'Ble Shri Justice Nitin W. Sambre2 pages

40.16ao (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR APPEAL AGAINST ORDER NO.40 OF 2016 Sau. Sonali w/o Ankit Mishra, (Ku. Sonal d/o Suresh Gajbhiye) Age: 29 years, Occ: Household, R/o. 14 West, Near N.I.T. Garden, Gayatrinagar, Zingabad Takli, Koradi Road, Nagpur.

..APPELLANT

VERSUS

Ankit s/o Late Sushil Mishra, Age: 30 years, Occ: Service, R/o. C/o. R.S. Shukla, in front of Indian Gas Agency, Old Nagpur Naka, Chhindwara, Tq. & Dist. Chhindwara (State of M.P.) AND 18, Upkar Society, Behind JONEX, Near Vahanwati Mata Mandir, Recourse, Vadodra (Gujrat) ..RESPONDENT Mr Anilkumar Thakkar, Advocate for appellant; Mr H.H. Kothari, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 10th APRIL, 2017 ORAL ORDER :

After having heard Mr. Thakkar, learned Counsel for the appellant for some time, he sought leave of this Court to raise issue of restricting the respondent from taking child during his custody

40.16ao (2) with him out of country.

2.

In my opinion, it is always open for the appellant-wife, mother of child to raise such plea before the Family Court.

3.

Apart from above, no other issue is raised before this Court so as to question the consent order. Appeal against Order lacks merit, same stands dismissed.

(N.W. SAMBRE, J.) Tupe