Rahul Annasaheb Falke vs Priyadarshani Rahul Falke
2023 Latest Caselaw 1256 Bom

                                                                            38.FCA.31.2020.odt


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                          FAMILY COURT APPEAL NO.31 OF 2020

                              RAHUL ANNASAHEB FALKE
                                        VERSUS
                           PRIYADARSHANI RAHUL FALKE
                                           ...
                     Advocate for Appellant : Mr. Nitin T. Tribhuwan
                        AGP for Respondents: Mr. Parag V. Barde
                                           ...
                                   CORAM       :   MANGESH S. PATIL AND
                                                   S.G. CHAPALGAONKAR, JJ.

                                     DATE      :   06.02.2023
PER COURT :
                  We have heard both the sides.

2. The husband is before us challenging the order passed by the

family court rejecting his petition for restitution of conjugal rights preferred

under Section 9 of Hindu Marriage Act, 1956.

3. The learned advocates of both the sides are unanimous that

apart from the order under challenge, there was a decree for divorce as well

in petition filed by the wife. Since that judgment and order has not been

appealed against, that has reached finality.

4. Once it is admitted that the decree of divorce has reached

finality, this appeal which merely challenges the order of the family court

refusing restitution becomes infructuous.

5. The appeal is disposed of.

     (S.G. CHAPALGAONKAR, J.)                            (MANGESH S. PATIL, J.)

habeeb                                                                                    1/1