1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.17 of 2009 With Civil application Nos.20 & 49 of 2009 Manojkumar ManBahadur Singh Appellant Vs. Poonam Manoj Singh Respondent Mrs.P.U.Badadare i/b. Mr.Ganesh Gole for appellant. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. March 4, 2009. P.C. 1. Heard Ms.Badadare, learned counsel for the appellant - husband. This appeal arises from the judgment and order dated 14/11/2008 rendered by the Family Court at Mumbai thereby dismissing Petition No.A-1137 of 2007 filed by the appellant seeking divorce under Section 12(1)(c) of the Hindu Marriage Act, 1955. 2. It was claimed by the husband that after the marriage was solemnised on 10/3/2007 at Ulhasnagar, the couple had gone for honeymoon to Mahabaleshwar on 14/3/2007 and on 15/3/2007 the respondent wife disclosed to him that she was already married to one Shri Devendrakumar @ Deepak P. Khatri, c/o. Mr.Mahesh Khatri, Barrack No.556, Room No.12, Behind 2 Vicky Manoj Apartment, near Soorna Apartment, Khemani, Ulhasnagar-2, Dist. Thane. The said Deepak Khatri was not impleaded as the additional respondent in the petition filed by the husband before the Family Court. 3. The learned counsel for the appellant on instructions seeks leave to withdraw the appeal with liberty to file a fresh petition by impleading Devendrakumar @ Deepak P. Khatri as the additional respondent on the ground of subsisting first marriage of the respondent when she married the appellant on 10/3/2007. 4. Leave granted and the appeal is disposed as withdrawn with liberty as is available in law. Consequently the petition filed before the Family Court also stands withdrawn. 5. Civil Applications do not survive and the same stand disposed. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)