1 cam239.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.239 OF 2011 IN FAMILY COURT APPEAL NO.30 OF 2010 WITH CIVIL APPLICATION NO.240 OF 2011 IN FAMILY COURT APPEAL NO.31 OF 2010 Sheetal Prasad Padiyar .. Applicant. Vs. Prasad Pandurang Padiyar .. Respondent. Mr.Dilip Bodake for the applicant. Mr.J.S.Kini i/b Mr.Suresh Dubey for the respondent. CORAM : D.B.BHOSALE & R.Y.GANOO, JJ. DATED : 5TH OCTOBER, 2011 P.C. 1. By this applications the applicant-wife is seeking review of the order dated 2nd March, 2010 by which the appeals filed by the applicant were allowed to be withdrawn. The order dated 2.3.2010 reads thus: "Heard learned counsel for the parties. Mr.Joshi, learned counsel for the appellant, submits that he has instructions to withdraw the appeals. The appellant is present in the court. We asked her specifically as to whether she desires to withdraw these appeals. She replied in the affirmative. We again asked her whether she has understood the consequences of withdrawal of the appeals. She again replied in affirmative and requested to allow her to withdraw these appeals. The appeals are disposed of S 2 cam239.11 as withdrawn. The civil application also stands disposed of. “ 2. On last occasion after hearing the parties for sometime at the request of learned counsel for the applicant we adjourned the matter. While adjourning the matter we passed the following order: “Heard learned counsel for the parties. The applicant is seeking review of the order dated 2.3.2010 passed in the First Appeals, contending that the finding recorded by the Family Court that she is impotent, would come in her way of remarriage. Mr Bodake, learned counsel for the applicant, in support of this contention, invited our attention to the following observation made in paragraph 105 by the Family Court in the judgment: “Of course, from the evidence it is proved that the respondent was impotent towards the petitioner, by way of medical evidence.” When we perused the aforesaid observation in the typed copy of the judgment, we also perused certified copy thereof and, to our surprise, we found that the word “not” is missing from the aforementioned observation in the typed copy annexed to the application. The same observation in paragraph 105 of the certified copy reads thus: “Of course, from the evidence it is not proved that the respondent was impotent towards the petitioner, by way of medical evidence.” Thus, the apprehension expressed by the learned counsel for the applicant, is wrong and ill founded. Mr Bodake, then submitted that finding of cruelty, which stands confirmed in view of withdrawal of the appeals, would also likely to affect her prospect of getting remarried. He submitted that the advocate 3 cam239.11 appearing for the applicant, at that stage, had not informed her about the consequences of withdrawal of the appeals. In other words, he submitted that consent for withdrawal of the appeals, was given by the applicant without understanding the consequences thereof. We do not wish to express any opinion on merits of the case at this stage since Mr Bodake, on instructions from the applicant who is present in the Chamber, seeks time till 5.10.11 to take further instructions. Mr Kini, learned counsel for the respondent, has no objection for keeping the matter on 5.10.11. Stand over to 5.10.11 at 2.45 in Chamber.” 3. Mr.Bodake, learned counsel for the applicant invited our attention to paragraph 9 of the civil application and submitted that the applicant withdrew the appeals only because her advocate Mr.S.H.Joshi did not make her realise the consequences of withdrawal thereof. The order dated 2.3.2010, in our opinion, does not deserve to be reviewed on this ground for the reasons recorded in the order itself. We remember even today that we had specifically asked the applicant, who is well educated graduate woman, as to whether she had understood the consequences of withdrawal of the appeals and she had answered in affirmative. In our opinion, no case for review is made out. Hence the review applications are dismissed. (R.Y.GANOO,J.) (D.B.BHOSALE,J.)