1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1520 OF 2009 Madhuri Gaurang Doshi Petitioner versus Gaurang Vinod Doshi Respondent R.T.Lalwani for petitioner. Rishi Bhuta for respondent no.1. CORAM : A.S.OKA, J. DATE : 21st April 2010 PC : 1. Called out for final hearing. The petitioner is wife and the respondent is the husband. The order impugned in this writ petition under Article 227 of the Constitution of India is dated 17th January 2009. An application was made by the petitioner at Exhibit-9 seeking a direction from the Family Court directing that the passport of the respondent- husband be kept in the custody of the Court till final disposal of Petition No.C-175/2006. By the impugned order, the said application has been rejected by the learned Judge of the Family Court. 2. On 25th January 2009, notice before admission was issued and an ad-interim relief was granted by this Court in terms of prayer clauses (b) and (c) of this writ petition. On 5th February 2009, Rule was issued and 2 the ad-interim relief was continued till disposal of the petition. The registry was directed to hold the custody of the passport until further specific orders of this Court. 3. It is not in dispute between the parties that the main petition in the Family Court has been already heard and it is posted on 30th April 2010 for pronouncement of judgment. As the main petition is likely to be decided in a very short time, it is not necessary to go into the merits of the interim order passed during pendency of the main petition. Interests of justice will be served if interim relief granted by this court is continued till disposal of the main petition and for a further period of three weeks from the date on which a certified copy of the judgment is ready for delivery to the petitioner. 4. Insofar as issue regarding power of the Court to grant relief which is prayed for in Exhibit-9 is concerned, the same will have to be kept expressly open and this order shall not be construed to mean that the said issue has been decided by this Court on merits. 5. Hence, the writ petition is disposed of by passing following order :- A) The interim order operating in this writ petition will continue to operate till disposal of Petition No.C-175/2006; B) The interim order will continue to operate till expiry of a period of 3 three weeks from the date on which a certified copy of the final judgment of the Family Court is kept ready for delivery to the petitioner; C) It is made clear that no adjudication has been made by this Court on merits of the impugned order and all contentions of the parties in that behalf are expressly kept open; D) Writ Petition is disposed of in above terms with no order as to costs. (A.S.OKA, J.) 4 mst FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2535 OF 2009 AND CIVIL APPLICATION NO.797 OF 2010 IN WRIT PETITION NO.1520 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders R.T.Lalwani for applicants. Rishi Bhuta for respondent no.1. CORAM : A.S.OKA, J. DATE : 21st April 2010 PC :- 1. These civil applications do not survive in view of disposal of main writ petition and the same are disposed of as such. (A.S.OKA, J.)