MRUNALINI ARUN HUBLIKAR Vs. ARUN RAMCHANDRA HUBLIKAR

JUDGEMENT

(1.) APPEAL admitted. The respondent waives service. By consent, appeal is called out and heard.

(2.) THIS appeal arises out of an order dated 10th July, 1998 made by the Judge, Family Court, Pune in M.P. No. 772 of 1996. Some facts are necessary to be narrated in order to appreciate the contentions raised before us.

(3.) BEING aggrieved thereby, the present appellant-wife moved a Writ Petition No. 5213 of 1997 before this Court and challenged the said order. Writ Petition No.5213 of 1997 was disposed of by an order of this Court made on 4th November,1997. The impugned order dated 21st September,1997 was quashed and set aside and the application was remanded to the Family Court for deciding the question as to whether the flat at Pashan was available to the appellant for immediate occupation. The Trial Court was directed to permit the parties to lead oral and documentary evidence for deciding the said issue.