The High Court allowed the Family Court Appeal and set aside the judgment dated 22nd June 2017. The matter was remanded to the Family Court to hear and decide Petition No. A-841/2010 on its own merits expeditiously within six months.
Petition No. A-841/2010 restored to Family Court file; remanded for hearing on merits within six months.
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.
1.fca.158.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 158 OF 2017 WITH CIVIL APPLICATION NO.219 OF 2017 IN FAMILY COURT APPEAL NO. 158 OF 2017
Mr. Jayant R. Ingole
..Appellant/Applicant
Vs.
Mrs Antara J. Ingole
..Respondent
Mrs. Seema Sarnaik, for the Appellant.
Ms. Kruti Bhawsar I/b Nilesh C. Ojha, for the Respondent.
CORAM:- K. K. TATED & B. P. COLABAWALLA,JJ. DATE :- JULY 30, 2018.
P. C.:
After we have heard this Family Court Appeal for some time, the parties agreed before us that they require no reasons for passing the order in the Family Court Appeal.
Anjali Tushar Aswale
2 On hearing the parties, we set aside the order dated 22nd June, 2017 passed by the Hon'ble Family Court in Petition No. A- 841/2010.
Digitally signed by Anjali Tushar Aswale Date: 2018.08.01 16:48:32 +0530
Aswale 1/2
1.fca.158.17.doc
3 Petition No. A-841/2010 is restored to the file of the Family Court and the matter is remanded back for hearing on the said Petition on its own merits and in accordance with law.
4 Both parties are directed to remain present before the Family Court on 14th August, 2018 at 11.00 a.m. when the Family Court shall pass further orders as to how the matter should proceed before it.
5 Family Court is requested to dispose of Petition No. A- 841/2010 as expeditiously as possible and in any event within a period of six months from the date of the receipt of a copy of this order.
6 All parties concerned including the Family Court are directed to act on an authenticated copy of this order.
7 The Family Court Appeal is accordingly allowed in the aforesaid terms and disposed of accordingly,
8 In view of disposal of the Family Court Appeal, all pending Civil Applications are disposed of as infructuous.
( B. P. COLABAWALLA, J. )
( K. K. TATED, J. )
Aswale 2/2
1 issue framed by the court
Whether the lower court's order in Petition No. A-841/2010 should be set aside and the matter remanded for fresh hearing on merits.
Mr. Jayant R. Ingole
Mrs Antara J. Ingole
K. K. Tated
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
