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Bombay High CourtIA/7629/2025allowed to be withdrawn

Dipika Dayal v. Nikhil Rawlley And ORS.

2025-06-20Hon'Ble Shri Justice Sandesh Dadasaheb Patil , Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7629 OF 2025 IN FAMILY COURT APPEAL NO.50 OF 2025 Dipika Dayal .....Applicant In the Matter in Between:

Dipika Dayal .....Appellant Vs.

Nikhil Rawlley & Ors.

.....Respondents Mr. Taubon Irani a/w Ms. Moksha Kothari, for the Applicant. Mr. Vikramaditya Deshmukh i/b Ms. Sapana Rachure, for Respondent Nos.1 and & 2.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 20th JUNE 2025.

P.C.:- 1.

This is a Family Court Appeal challenging the Judgment and Order dated 2nd April 2025 passed by the Family Court, Bandra in a petition bearing No. B-72 of 2022 under the Specific Relief Act, 1963 read with Section 7 of the Family Courts Act, 1984 and under Section 39 of the Code of Civil Procedure, 1908. 2.

There is an Interim Application listed before us today 1/3

seeking extension of interim relief as granted by this Court by order dated 8th May 2025.

3.

We have heard Ms. Taubon Irani, learned counsel appearing for the Applicant/Appellant and Mr. Vikramaditya Deshmukh, learned counsel appearing for the Respondent Nos.1 & 2. 4.

Ms. Irani, learned counsel for the Applicant/Appellant has tendered a compilation of documents. The same is taken on record. A copy thereof has already been served on the learned counsel for the Respondents.

5.

We have perused the order 8th May 2025. Ad-Interim protection, as granted earlier, shall continue to operate till the next date.

6.

In the meantime, considering the allegations and counter allegations made in the proceedings by the parties, we direct the Medical Superintendent of Sir. J. J. Hospital to constitute a Medical Board, which will include a Neurologist, to examine the medical condition of the husband of the Applicant/ Appellant i.e. Respondent No.1-Nikhil Rawlley.

2/3

7.

Respondent No.1-Nikhil Rawlley shall appear before the Medical Board within three weeks from the date of uploading of this order. We request the Medical Board to submit its report to this Court through learned Addl. GP Mr. B.V. Samant within a period of three weeks thereafter.

8.

Stand over to 1st August 2025.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) 3/3