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Bombay High CourtFCA/121/2015allowed to be withdrawn

Dr. Sou. Vaishali Abhijit Chikhalikar v. Dr. Shri. Abhijit Yadunath Chikhalikar

2023-07-07Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 121 OF 2015 Dr. Sou. Vaishali Abhijit Chikhalikar ...Appellant

Versus

Dr. Shri. Abhijit Yadunath Chikhalikar

...Respondent

Mr. Prasad B. Kulkarni, for Appellant.

Dr. Sou. Vaishali Abhijit Chikhalikar, is present. Mr. Abhijit B. Kadam with Mr. Prem Mhatre, for Respondent.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : JULY 7, 2023 P. C.

1.

When the above Family Court Appeal is called out, the learned counsel appearing on behalf of the Appellant submitted that the Digitally signed by HUSENBASHA RAHAMAN NADAF Date:

2023.07.10 15:30:15 +0530 HUSENBASHA RAHAMAN NADAF disputes between the parties have been amicably settled before the concerned Court at Solapur and the Respondent has deposited the settled amount towards the compromise with the Solapur Court. The learned counsel, therefore, states that the Appellant now does not want to proceed with the Appeal and wishes to withdraw the same. He has given a writing executed by the Appellant stating the aforesaid facts,

which is taken on record. The Appellant is also present before the Court and has stated that she wishes to withdraw the Appeal in the light of the writing given by her to her Advocate.

2.

In these circumstances, the said handwritten letter given by the Appellant to her Advocate along with her Pan Card copy is taken on record and marked 'X' for identification. In the light of this letter, the above Family Court Appeal is dismissed as withdrawn. No order as to costs.

3.

At this stage, the learned counsel appearing on behalf of the Appellant stated that the Appellant and the Respondent have a daughter. The Appellant and the Respondent both belong to the Scheduled Caste category. The learned counsel for the Appellant, therefore, requested that as and when the daughter requires cooperation from the father (husband) for obtaining a caste certificate as well as a caste validity certificate, he should cooperate. The learned counsel appearing on behalf of the Respondent (husband), on instructions, has stated that whatever documents are required for the daughter to obtain a caste certificate and a caste validity certificate shall be supplied by the father when called upon to do so. The said statement is accepted as an undertaking given to this Court.

4.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]