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2010 Supreme(Bom) 455

R.Y.GANOO, D.B.BHOSALE
Sabah Adnan Sami Khan – Appellant
Versus
Adnan Sami Khan – Respondent


Advocates Appeared:
Mr. MAHESH JETHMALANI, Sr. Counsel, with Mrs. MRUNALINI DESHMUKH, Mrs. EDITH DEY, for the Appellant.
Mr. VIBHAV KRISHNA a/w. Mrs. MRIDULA KADAM, Mr. AASHISH SAH, TEJAS SHA, VISHAL NAHAR, LAXMI MARDEKAN, ANVISUBADE i/b. M/s. Juris Consillis, for the Respondent.

JUDGMENT

D. B. BHOSALE, J.:- In this appeal under section 19 of the Family Courts Act. 1984, the following questions are raised for our consideration:

(i) Whether a divorce between the appellant and the respondent under the Divorce Agreement dated 18th April, 2004 was a Talak in the 'Ahsan mode', as the appellant-wife claims, or was it a divorce by 'Khula', as claimed by the respondent-husband?

(ii) Whether, the appellant was obliged to undergo Halala prior to her remarriage with the respondent on 5th April, 2007 ?

(iii) If the divorce under the Divorce Agreement dated 18th April, 2004 is held to be a Talak by Khula, whether the appellant-wife was obliged to undergo Halala before the remarriage on 5.4.2007?

(iv) Whether the petition filed by the appellant-wife for divorce and her Miscellaneous Application under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, "the Domestic Violence Act") were tenable before the Family Court?

2. This appeal was admitted on 14.12.2009 and, on 1.2.2010, liberty was granted to the appellant to submit private paper book within a period of six weeks and to apply for fixed date of hearing of the appeal. The appellant, along







































































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