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2022 Supreme(Bom) 1007

BHARATI DANGRE
Ariz Kohli – Appellant
Versus
Tehzeeb Kohli – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Malcolm Siganporia, Jayesh Bhosale
For the Respondent: Mr. Rafique Dada, Ms. Taubon F. Irani, Mr. Zubair, Mr. Sachi Lodha, Ms. Disha Shetty

JUDGEMENT :

1. The petition is filed by the petitioner, who is the original respondent in Petition No.A-1109/2018 filed before the Family Court No.5 at Bandra, Mumbai, being aggrieved by an order of the Family Court dated 16th April 2022 passed on an Interim Application No.102 of 2022 in the said petition as by the impugned order, the application filed by the respondent (petitioner wife) under Order 6 Rule 17 of the Code of Civil Procedure, seeking amendment in the petition has been allowed.

2. Heard learned senior counsel Mr.Rafique Dada with Ms. Taubon Irani for the respondent.

Since the parties expressed consensus to hear the Writ Petition finally. Rule. Rule returnable forthwith. By consent, taken up for hearing forthwith.

The bare minimum facts necessary for determination of the sustainability or otherwise of the impugned order can be narrated thus :-

The petitioner and the respondent herein were married on 20/1/2002, as per Muslim Rites and Rituals and on 1/8/2004, a son was born out of the wedlock. On account of the differences, the wife filed Petition No.A-1109/2018 before the Family Court No.5 at Bandra, inter alia, seeking restitution of conjugal rights as well as other relief

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