The High Court disposed of a Family Court Appeal seeking divorce where the respondent husband died during the pendency of the appeal, rendering the appeal moot.
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.
6.fca.85.2011.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.85 OF 2011
Meenakshee Pramod Ambikar .. Appellant/ Org.Petitioner
Versus
Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2024.04.16 17:49:52 +0530
Pramod Khaderao Ambikar
.. Respondent
Ms.Seema Sarnaik a/w Sangeeta Salvi, Aseem Sharma Advocates for the Appellant/Wife.
Ms.Priya Patil i/b Abhijeet Kondarkar, Advocates for Respondent.
CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : APRIL 16, 2024
P. C.
1. Ms.Sarnaik, the learned advocate appearing on behalf of the Appellant-Wife, submitted that the present Family Court Appeal has been filed by the Appellant-Wife being aggrieved by the decision of the Family Court dated 13th April, 2011 denying divorce to her. Today, she has brought to our attention that the Respondent-Husband has expired on 15th March, 2024. She has also tendered the Death Certificate of the Respondent-Husband along with a letter written by the Appellant-Wife enclosing the Death Certificate and giving instructions that she does not
Utkarsh
Page 1 of 2
APRIL 16, 2024
6.fca.85.2011.doc
wish to proceed with the above Appeal. The said letter along with the Death Certificate and the Aadhar Card of the Appellant-Wife are taken on record and marked ' X ' for identification.
2. The advocate for the Respondent-Husband has also confirmed to the Court that the Respondent-Husband has expired on 15th March, 2024.
3. Considering these circumstances, and in view of the fact that the Respondent-Husband is now no more, nothing would survive in the above Appeal and the same is disposed of accordingly. However, there shall be no order as to costs.
4. In view of the dismissal of the above Appeal, any Applications filed therein would also not survive and are also accordingly disposed of.
5. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]
Page 2 of 2 APRIL 16, 2024
Utkarsh
Meenakshee Pramod Ambikar
Pramod Khaderao Ambikar
B. P. COLABAWALLA
SOMASEKHAR SUNDARESAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
