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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO.179 OF 2009

Mrs Sabah Adnan Sami Khan,

aged 34 yrs, Occupation-

Business, residing at No.1301, A

& C and Flat No.1401, A,B and

C Oberoi Sky Garden, 3^rd X

Lane, Lokhandwala, Andheri,

Mumbai-400053.

.. Appellant

Vs

Adnan Sami Khan,

aged 39 years, Occupation-

business, residing at No.1301, A

& C and Flat No.1401, A, B and

C Oberoi Sky Garden, 3^rd X

Lane, Lokhandwala , Andheri,

Mumbai-400053.

.. Respondent

Mr Mahesh Jethmalani, Senior Counsel, with Mrs Mrunalini

Deshmukh, Mrs Edith Dey, for the Appellant.

Mr Vaibhav 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.

CORAM : D.B.BHOSALE AND R.Y.GANOO,JJ.

DATE : 23/03/2010.

JUDGMENT : (Per D.B.BHOSALE,J.)

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In this appeal under section 19 of the Family Courts Act,

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1984, the following questions are raised for our consideration:

(i) Whether a divorce between the appellant and the

respondent under the Divorce Agreement dated 18^th

April, 2004 was a Talak in the `Ahsan mode’, as