ANWAR ARVIND RAMKRISHNA MUDBHATKAL Vs. SHENAZ SANI

JUDGEMENT

(1.) These two appeals are filed by the respective appellants so as to challenge the judgment and decree dated 1st June, 2009 passed by the learned Judge of the Family Court No.2, Mumbai, (hereinafter referred to as "Family Court"), in Petition No.B-153 of 2008. These two appeals can therefore be conveniently disposed of by a common judgement. Arvind Anwar @ Arvind Ramkrishna Mudbhatkal shall hereinafter be referred to as "husband" and Shehnaz Sani shall hereinafter be referred to as "wife".

(2.) The wife had filed petition for divorce and other reliefs in the Family Court at Bandra, Mumbai, being M.J.Petition No.A-1945 of 1992. The said petition was decided by the learned Judge of the Family Court by judgment and order dated 30th September, 2005.

(3.) Being aggrieved by the said judgment and decree dated 30th September, 2005, the wife filed Family Court Appeal No.38 of 2006 in this Court. In the course of hearing of the said Family Court Appeal No.38 of 2006, it was brought to the notice of this Court that the suit filed by the husband against the wife, being Suit No.2065 of 1995 is pending. This Court, therefore, considered the point as to whether the said suit should continue to remain on Original Side or it should be transferred to the Family Court for decision on merits. After hearing the Advocate for husband and the wife, this Court by its Order dated 16th July, 2008 came to the conclusion that the said Suit No.2056 of 1995 should be transferred to the Family Court at Bandra, Mumbai and accordingly passed an order thereby transferring the said Suit No.2056 of 1995 to the Family Court, Mumbai, for disposal in accordance with the provisions of law. The said suit contains various prayers. This Court, by order dated 16th July, 2008 observed that the prayer clause (a) in the said suit has become redundant and therefore the Family Court is not required to decide the same. That order has been allowed to attain finality. This will mean that on transfer of the said suit to the Family Court, the Family Court was required to decide the prayers commencing from prayer clause (b) onwards.