JAIPRAKASH DATTATRAY PATADE Vs. USHA JAIPRAKASH PATADE

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-husband against the respondent-wife impugning the judgment and decree passed by the Principal Judge, Family Court, Bandra Mumbai on 4th April, 2000 in Petition No. A-2111 of 1998 dismissing the husband's petition seeking a divorce under section 13 (1) (ia) of the hindu Marriage Act, the custody of the two children by name Neha and Nishant who were born out of the wedlock and were living with the wife and the eviction of the respondent-wife from the matrimonial home.

(2.) AT the outset, counsel appearing for the appellant upon taking instructions from his client who is present in Court made a statement that he would not like to press this appeal in so far as prayer for the custody of the children is concerned. He stated that his client was not pressing the prayer for the custody as his client's daughter Neha was now 22 years of age and son Nishant w?e al?o 16 years of agt. He further stated that his client was looking after all the needs of the children.

(3.) COUNSEL for the petitioner-husband further stated that in so far as the prayer for a direction against the respondent-wife to vacate the matrimonial home is concerned, there could have been no cause of action to seek such a direction until the decree of divorce was obtained. He states that he would not like to press this prayer in this proceeding at this stage. He states that as regards this relief, his client would like to file a separate proceeding. He seeks liberty to delete prayer clause (b ). Petitioner is allowed to delete the prayer clause (b ). Amendment to be carried out forthwith.