166sa545.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No.545 of 2010 (Gyaniwant s/o. Kewalram Bhongade .vs. Sau. Vanita w/o. Gyaniwant Bhongade and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: A. B. CHAUDHARI, J. Date : 16/06/2011. Heard Mr.V.D.Muley, Adv. for the appellant and Mr.C.F.Bhagwani, Adv. for the respondents. Both the Courts below have found that the Civil Suit was not maintainable before the Civil Court in light of the provisions of the special Law namely the Hindu Marriage Act and the same is required to be filed before the District Court. Mr.C.F.Bhagwani, Adv. for the respondents, supporting the impugned judgments, has stated that, such Civil suit, in the wake of availability of remedy of filing Hindu Marriage Petition, was not maintainable and therefore, the Courts below have rightly held so. This appeal was heard for quite 166sa545.10.odt 2 . sometime. Finally, without entering into the controversy, since the appellant is mainly concerned in getting the relief from the Court, Mr.Muley, learned Counsel for the appellant, upon instructions from his clients, has submitted that he should be allowed to avail of the remedy available to him under the said special law and he would, thus, withdraw the said Special Civil Suit No.35 of 2006 on the file of Civil Judge (Sr.Dn.), Bhandara that was decided, if such liberty is given to the appellant. Mr.Bhagwani, Adv. for the respondents has objection for granting such liberty. He submits that the claim under the Special Civil Suit No.35 of 2006 is decided and the appeal, thereafter, should not have been filed and in fact, the Hindu Marriage Petition for claiming the reliefs should have been filed. However, I am of the view that the appellant will have to be granted liberty since the matter was not decided on merits. In the light of the above discussion, I make the following order. ORDER The Special Civil Suit No.35 of 2006 on the file of the Civil Judge (Sr.Dn.), Bhandara is allowed to be withdrawn reserving liberty in 166sa545.10.odt 3 . favour of the appellant to file appropriate proceedings under the special law namely the Hindu Marriage Act, 1955. The appellant to pay costs of Rs.1,000/- to the respondents. The Second Appeal is disposed of. JUDGE jais