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2016 Supreme(Bom) 238

B.P.DHARMADHIKARI, V.M.DESHPANDE
Mayank – Appellant
Versus
Neha Malhotra – Respondent


Advocates:
Advocate Appeared:
Mr. A.J. Gilda, Advocate for the Appellant.
Mr. R.R. Shrivastava, Advocate for Respondent.

JUDGMENT :

B.P. Dharmadhikari, J.

Both these appeals under Section 19 of the Family Courts Act, are filed by the husband – Mayank. Petition No. A386/13, filed by him under Section 12[1][c] of the Hindu Marriage Act, 1955 for annulment of marriage between him and respondent by a decree of nullity, has been dismissed by the Family Court. Similarly, Petition No. A 289/12 filed by the respondent – wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has been allowed with a direction to resume cohabitation and in default to pay monthly maintenance of Rs. 20,000/. The Family Court has decided both these matters by a common judgment dated 23.07.2015. Family Court Appeal No. 73 of 2015 challenges the dismissal of annulment proceedings filed by him. FCA 74 of 2015 assails the grant of restitution in proceedings filed by Respondent wife. The Hindu Marriage Act, 1955 is hereinafter referred to as “the Act”.

2. This Court has on 23.09.2015, issued notice observing that the appeal would be finally heard at the stage of admission. Accordingly we proceeded to hear the parties by issuing Rule and making it returnable forthwith.

3. Shri Gilda, learned counsel appearing on b



















































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