1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4239 of 2009 (Mr. Manoj s/o Shankarlal Paliwal v. Ms Swati Sharma) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Smt. Shobha Mudaliar, Advocate for Petitioner. Coram : R.C. Chavan, J. Dated : 6 th October, 2009 Heard the learned counsel for the petitioner. This petition is directed against the orders passed by the Family Court, Nagpur, refusing to dismiss the wife’s earlier petition for restitution of conjugal rights in spite of the fact that three subsequent petitions between the parties came to be disposed of by a common order dated 15-5-2006 by the Family Court. By one of those orders, the marriage between the parties was dissolved by a decree of divorce. This decree has been challenged by both the husband and wife before the High Court by separate appeals, which have been admitted. In view of this, it cannot be said that 2 the learned Judge of the Family Court was wrong in rejecting the applications for dismissal of petition for restitution of conjugal rights as having become infructuous. The petitioner ought to have applied to the Family Court for stay of the proceedings till the appeals are decided, which the petitioner can even now do. In view of this, the petition is dismissed. The petitioner is at liberty to apply before the Family Court for stay of the proceedings till the appeals are decided. Judge. pdl