:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 84 OF 2008 WITH CIVIL APPLICATION NO. 148 OF 2008 Jinesh Jayantilal Shah ..Appellant Vs. Kalpana Jinesh Shah ..Respondent Mr. Madhav Jamdar for appellant. Mrs. Seema Sarnaik for 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: July 14, 2008. Dated: July 14, 2008. Dated: July 14, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Jamdar the learned counsel for the appellant-husband. Mrs. Sarnaik appears for the respondent-wife. 2. The wife has filed Petition No. A-1179 of 2005 for divorce and maintenance under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955. The husband has raised a preliminary point regarding the :2: maintainability of the petition filed by the wife and on the ground that the U.S.A. Court had already granted a decree of divorce in favour of the husband on 24/6/2002 in accordance with the law prevailing in that court. By the impugned order the preliminary point of maintainability of the petition has been decided against the petitioner-husband. 3. Even by the husband’s own contentions, he wanted a divorce and the wife’s petition for divorce is pending. We do not deem it appropriate to entertain this appeal against the order passed on the preliminary point and as and when the petition, if decided against the husband, he may raise all issues, including the issue of maintainability of the divorce petition, in view of the scheme of Section 13 of the C.P.C. 4. Hence, the appeal is dismissed with liberty to approach this court if the appellant-husband is finally aggrieved by the decree to be passed in Petition No. A-1179 of 2005 and to raise all issues. The trial of the petition in the family court is :3: expedited. 5. Civil Application No. 148 of 2008 does not survive and shall stand disposed as such. (D.B. Bhosale, J.) (D.B. Bhosale, J.) (D.B. Bhosale, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)