-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.86 OF 2008 WITH CIVIL APPLICATION NO.152 OF 2008 IN FAMILY COURT APPEAL NO.86 OF 2008 Amruta Ajit Salvi .. Appellant. Vs. Ajit Vasant Salvi .. Respondent. Mr.G.A.Lobo for the appellant. Mrs.Anita D.Agarwal for the respondent. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATED : 21ST JULY, 2008. DATED : 21ST JULY, 2008. DATED : 21ST JULY, 2008. PC: PC: PC: . We have heard Mr.Lobo, learned counsel for the appellant-wife and Ms.Agarwal, learned counsel for the respondent-husband. 2. We have noted from the record that the respondent-husband had filed Petition No.104 of 2000 before the learned Civil Judge, Senior Division, Ratnagiri and the wife filed Petition No.903 of 2002 seeking divorce under the Hindu Marriage Act, 1955 before the Family Court at Mumbai and on the allegations that the respondent-husband had performed the second marriage with one Sujata Shridhar Vichare on or about 17.4.2001 at Shri Mangal Karyalaya, Mumbai. The wife had approached this court for -2- transfer of petition filed by the husband before the Civil Judge, Senior Division, Ratnagiri to the Family Court at Mumbai and this was registered as Misc. Civil Application No.45 of 2003 which was allowed on 8.7.2004. The learned Principal Judge of the Family Court was directed to assign both the petitions to one and the same court. The husband’s petition was transferred from the court at Ratnagiri and it came to be renumbered as A-1340 of 2004. By the impugned judgment and order dated 13.2.2008 the Family Court decided Petition No.A-1340 of 2004 and granted a decree of divorce by dissolving the marriage of the parties that had taken place on 22.12.1994. 3. Mr.Lobo, the learned counsel for the appellant-wife referred to the order passed by this court on 8.7.2004 and submitted that despite the directions of this court, the Family Court did not club and decide both the petitions and only the husband’s transferred petition has been decided. According to Mr.Lobo if the wife’s petition was also decided, the relief for permanent alimony, maintenance against the children and also house/shelter for them could be adjudicated upon by the Family Court. Mrs.Agarwal conceded that the Family Court was required to decide both the petitions together as directed by this court on -3- 8.7.2004 and the same has not been done. 4. We have noted and as it is an admitted fact that both the husband and wife sought divorce and by the impugned order, divorce has been granted by allowing the husband’s petition. It is fairly conceded before us that so far as decree of divorce is concerned, the wife has no grievance but she is seriously aggrieved on the issues of permanent alimony, maintenance of children and the provision for house/accomodation for the daughters. Mrs.Agarwal has placed before us a copy of roznama in Petition No.A-1340 of 2004 and we have noted that on 1.9.2004 the Family Court passed an order to adjourn Petition No.A-1340 of 2004 and to be clubbed with Petition No.A-903 of 2002. It is also seen from the roznama copy that after 1.9.2004 there is no mention of Petition No.903 of 2002 and by the impugned order, Petition No.A-1340 of 2004 has only been decided. It is also an admitted position that Petition No.903 of 2002 filed by the appellant-wife is still pending. 5. In these obtaining circumstances, the appeal is disposed off with the consent of the parties in terms of the following order: (a) The divorce granted by the Family Court -4- dissolving the marriage between the parties is hereby confirmed. (b) The Family Court is directed to decide Petition No.A-903 of 2002 so as to adjudicate the petitioner’s claim for permanent alimony, maintenance for the daughters and the provision for residential accomodation/house by considering the evidence and averments of both the parties. This shall be done as expeditiously as possible and in any case within six months from the receipt of writ from this court. (d) By way of clarification it is hereby stated that confirmation of the decree of divorce is without prejudice to the rights and contentions of the parties on the issues of permanent alimony, maintenance for the children and provision for the residential accomodation be made by the husband. . The appeal is disposed off. . Civil application does not survive hence it is also disposed off. -5- (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)