Family Court Appeal and Civil Application dismissed on withdrawal by parties following settlement and resumption of joint residence.
Civil Application No.219 of 2018 and Family Court Appeal No.75 of 2018 disposed of on withdrawal.
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(29)CAM-219-18.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.219 OF 2018
WITH
FAMILY COURT APPEAL NO.75 OF 2018
| Mr.Sachin Kisan Ganjale v. |
] ..Applicant |
|---|---|
| Mrs.Sadhana Sachin Gangale | ] ..Respondent |
Mrs.Poonam Bhosale for the Applicant. Mr.Ashok Tajane, for the Respondent.
CORAM : INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ. DATE : 5th MARCH, 2019.
P.C.
1] Heard learned counsel for the respective parties. Appellant-husband and respondent-wife are present in person before the Court. Both the learned counsels informed the Court that due to an attempt of settlement made by them, both the parties have started to reside together once again alongwith their child. Accordingly, the matter was kept back to post recess to enable the learned counsels as well as parties to submit a joint Affidavit before this Court.
2] Accordingly, the affidavit is filed, signed by both the parties and their respective counsels, in following terms :
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(29)CAM-219-18.doc
1. We, jointly and/or severally without coercion and/or pressure do state out of free will that we were previous residing at 189/2, Park Site, Raigad Section, Lange Chawl, Near Hanuman Temple, Vikhroli (West), Mumbai – 400 079 and now residing at 1305 Trimurti Building, Nityanand Nagar, Ghatkopar (West), Mumbai 400 086.
2. As we both want to continue as husband and wife and look after future of our son namely Jayesh who is now 8 years old and was then studying in Kukadi Valley English School, Village Yedgao, Tal. Junnar, Dist. Pune is a CBSE student and after his exams will be taking his admission in Mumbai for which his father shall make efforts for the same and wife will co-operate with this regard as for the future and well being of minor child.
3. The Applicant hereinaboe states that by this affidavit he is
“withdrawing” Family Court Appeal No.75 of 2018 along with CA 219/2018.
4. The Respondent hereinabove states that she is voluntarily
withdrawing Marriage Petition No.212/2018 for Restitution U/s. 9 of Hindu Marriage Act and also withdraw Criminal Misc. Application No.22/2018 filed before J.M.F.C. at Junnar as the final disposal order has granted Rs.2,500/- for both now will stand disposed off as not pressed for continuation of maintenance as filed U/s 12 of DV Act.
5. We jointly and/or severally state that present Respondent wife
has no objection to stay with her applicant's parents that is Respondent in law.
6. We jointly and/or severally are withdrawing any F.I.R./N.C.
/any application if pending before Women Cell and Police Stations.
3] Accordingly, the present appeal is sought to be withdrawn. The affidavit is taken on record and marked as 'X' for identification.
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(29)CAM-219-18.doc
4] In this view of the matter, Family Court Appeal No.75 of 2018 stands disposed off in terms of affidavit filed by the parties. Civil Application No.219 of 2018 also stands disposed off accordingly.
5] We hope and trust that the reconciliation between the parties will fulfill requirement of their child. The child would be well looked after by his parents together. We also place on record our appreciation of the efforts taken by the learned counsels for the respective parties for arriving at a settlement between the parties and bringing the couple as well as their child together.
(SARANG V. KOTWAL, J) (INDRAJIT MAHANTY, J)
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Sachin Kisan Ganjale
Mrs. Sadhana Sachin Gangale
Indrajit Mahanty
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
