Pushkar Prakash Nene v. Priyadarshini Pushkar Nene

56-SA-238-2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai SECOND APPEAL NO. 238 OF 2025 Pushkar Prakash Nene ...

Appellant Vs.

Priyadarshini Pushkar Nene ...

Respondent Ms. Rachana Harpale i/b. Mr. Sagar Kasar for the Appellant. CORAM : GAURI GODSE, J.

DATE :

25th MARCH 2025 ORDER :

1.

Heard learned counsel for the appellant. The second appeal raises following substantial questions of law : (i) Since the parties are residing separate since February 2012, whether the appellant would be entitled to dissolution of marriage on the ground of desertion in view of the supporting evidence led by the appellant on the ground of desertion ? (ii) In view of the pleadings and supporting evidence regarding the grounds raised for seeking dissolution of marriage, whether both the courts erred in not correctly appreciating the pleadings and evidence led by the appellant seeking dissolution of marriage on the ground of desertion and cruelty ?

by RAJESHWARI RAMESH PILLAI Date:

2025.03.27 23:07:35 +0200 RAJESHWARI RAMESH PILLAI 1/2

56-SA-238-2025.docx 2.

Issue notice for final disposal of the second appeal on the aforesaid questions of law.

3.

In addition to court notice, learned Advocate for the appellant to serve the respondent by private service and file service affidavit. 4.

Learned counsel for the appellant submits the Criminal Revision Application No. 277 of 2024 filed by the appellant arising out of orders passed in proceedings initiated under the Protection of Women from Domestic Violence Act, 2005 is pending. She submits that notice for final disposal of the Criminal Revision Application is already issued. She therefore seeks liberty to file appropriate application for hearing of the Criminal Revision Application and Second Appeal before the same court.

5.

Appellant is at liberty to file appropriate application after notice is served upon the respondent.

[GAURI GODSE, J.] 2/2