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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL NO. 13 OF 2021

Mrs Bhavana W/o. Premdeep Matlane,

Aged: 30 Yrs., Occ. : Housewife,

R/o. C/o. S. M. Lohar, Kamla Tower

Apartment, Flat No.8, Kaulkhed Road,

Gayatri Nagar, Akola 444002

…..APPELLANT

..VERSUS..

Premdeep S/o. Nishikant Matlane,

Aged about 35 Yrs. Occ.: Govt. Servant,

R/o. N-2, CIDCO, Vithal Nagar,

Aurangabad-431003

….RESPONDENT

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None for the appellant

Shri Hemant Surve, Advocate for respondent

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CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

ARGUMENTS WERE HEARD ON : 30.07.2021

JUDGMENT IS PRONOUNCED ON : 27.08.2021

O R A L J U D G M E N T (Per : G. A. Sanap, J.)

In this appeal challenge is to the Judgment and decree

dated 07.12.2020 whereby the learned Judge of the Family Court

granted the decree for judicial separation of the appellant and

respondent for a period of one year.

2]

This appeal can be disposed of in view of the judgment

delivered by this Court in the Family Court Appeal No. 24 of 2020,

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filed by the husband-respondent herein. The appeal filed by the

husband-respondent herein has been allowed and the prayer for

dissolution of marriage by decree of divorce has been granted.

While granting the decree in the said appeal it has been made

clear that the decree for judicial separation would not survive. It

is further pertinent to note that the appellant and her Advocate

remained absent throughout. In our opinion in view of the order

passed in Family Court Appeal No. 24 of 2020 granting the

decree of divorce, this appeal has become infructuous.

The Family Court Appeal, therefore, stands dismissed

being infructuous

JUDGE

JUDGE

Namrata