The High Court allowed the appeal partly, remitting the petition for fresh trial only regarding the alternate relief claimed under clause(d). Relief under clause(a) to (c) was confirmed.
Petition remitted for fresh trial on prayer clause(d); order under clause(a) to (c) confirmed; respondent No.2 removed from parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.24 OF 2008 WITH
CIVIL APPLICATION NO.48 OF 2008 IN
FAMILY COURT APPEAL NO.24 OF 2008
Smt.Vanita A. Kripalani
...Appellant
(Org.Petitioner)
V/s.
Mr.Anil P. Kripalani & Anr.
..Respondents (Org.Respondents)
Shri.Rajiv Narula i/b. M/s. Jhangiani Narula & Associates for Appellant. Smt.Manjula Rao for Respondent No.1. Shri.S.R. Ganoo i/b. Monish Rai for Respondent No.2.
CORAM : D.K. DESHMUKH &
V.M. KANADE, JJ. DATED : 26th FEBRUARY, 2008.
P.C.:-
By consent of parties, the appeal is disposed of in the following
terms:-
rejects relief claimed by the appellant/petitioner by prayer
clause(d) of the petition No.B-2 of 2006, is set aside.
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clause(a) to (c) is confirmed.
. In view of disposal of the appeal, nothing survives in the civil application. The civil application is disposed of accordingly.
( D.K. DESHMUKH, J.)
(V.M. KANADE, J.)
2 issues framed by the court
Whether the appeal challenging the rejection of specific reliefs in a family court petition should be allowed to secure a fresh trial on alternate grounds.
Whether respondent No.2 should be removed from the proceedings.
Smt.Vanita A. Kripalani
Mr.Anil P. Kripalani & Anr.
D.K. DESHMUKH
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
