:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 4879 OF 2007 Sou. Shalini Ganesh Bhadane ...Petitioner Versus Shri Ganesh Vishram Bhadane ....Respondent ====== Ms.Leena Patil with Shri M.S. Karnik Adv. for the petitioner. Mr.Dilip Bodke, Adv. for the respondent. CORAM: S.C.DHARMADHIKARI, J. DATED: 4TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. Heard Mrs.Patil, appearing for the petitioner and Mr.Bodke, appearing for the respondents. 2. The matter was adjourned till today to enable the parties to arrive at some amicable settlement. The petitioner and the respondent both are present in court. They state that it is not possible to arrive at an amicable settlement. :2: :2: :2: 3. In these circumstances, the petition is taken up for disposal by consent. 4. The order impugned in this petition is passed below Exhibit-72 in Hindu Marriage Petition No. 91 of 2003. 5. After this matter was heard for some time and the attention of Mr.Bodke appearing for the respondents was invited to the final order on the application directing a DNA Test to be conducted on the Baby in a Laboratory at Hyderabad, after taking instructions from the respondent-original petitioner who is present in court, the Learned Advocate makes a statement that the respondent wants to withdraw the Application (Exhibit-72) in Hindu Marriage Petition No.91 of 2003 with liberty to file a fresh Application, if the occasion so arises. 6. The impugned order does not survive in the light of the withdrawal of the Application (Exhibit-72) by the respondent. The said application is dismissed as withdrawn with liberty as prayed. :3: :3: :3: 7. In the light of the withdrawal of the application with liberty as above, the petition stands disposed off with no costs. 8. It is clarified that this court has not gone into the rival contentions with regard to the legality and validity of an order issuing direction for a DNA Test. All contentions in that behalf of both sides are expressly kept open. Similarly, this court has not expressed any opinion with regard to the allegations in the petition filed by the respondent for dissolution of the marriage on the grounds of cruelty and adultery, so also the defence of the petitioner wife. All contentions in that behalf are also kept open. Writ Petition disposed off. No costs. ********