1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1843 OF 2008 Shilpa D. Kamalgiri .. Petitioner Versus Dushyant @ Raju Nayan Kamalgiri .. Respondent Ms.Leena Patil h/f. M.S.Karnik for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 27th March 2008 P.C. . Ms.Patil for petitioners states that the petitioner has already filed an appeal in this Court. The appeal is filed challenging the order passed by the Family Court dissolving the marriage of the petitioner and the respondent by 2 mutual consent. It is the grievance of the petitioner that the order is passed ex parte and there is no consent. In such circumstances, the appellate remedy is not barred. 2. In my view, the petitioner having filed an appeal it is necessary that while she withdraws this petition, that she is permitted to satisfy this Court with regard to maintainability of the appeal and if it is held to be maintainable, then pursue the same in accordance with law. Petition is allowed to be withdrawn and dismissed as such with liberty to pursue the appeal. (S.C.Dharmadhikari, J)