Mr. Ankit Prakash Gupta vs Mrs. Monisha Ankit Gupta
2024 Latest Caselaw 22519 Bom

Bombay High Court

Mr. Ankit Prakash Gupta vs Mrs. Monisha Ankit Gupta on 2 August, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

                                                                  21 fca 80-22.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION


                        FAMILY COURT APPEAL NO. 80 OF 2022


Ankit Prakash Gupta                                                 .. Appellant

         Versus

Monisha Ankit Gupta                                                 .. Respondent

     Adv. Anisha Didwania i/b. NDB Law for the Appellant/husband.

     Adv. Chetan Alai for Respondent-wife.

     Mr. Abhaykumar Apte, Mediator is present in Court.

                                   CORAM:         B. P. COLABAWALLA &
                                                 FIRDOSH P. POONIWALLA, JJ.

                                       DATE:     AUGUST 02, 2024

P. C.

1. In the above matter, the Mediator has filed his report dated 31 st

July, 2024 recording that the mediation has failed. A copy of the mediation

report has also been given to the Advocate appearing for the Appellant-

husband as well as the Advocate appearing for the Respondent-wife. The

mediation report is taken on record and marked 'X' for identification.

AUGUST 02, 2024 Laxmi

21 fca 80-22.doc

2. The Family Court, by the impugned Judgment and order,

dismissed the Petition filed by the Appellant-husband seeking a divorce on

the ground of cruelty. We inquired from the Advocate appearing for the

Respondent-wife, whether the Respondent-wife has any intention of

cohabiting with her husband. The learned Advocate stated that now it is not

possible even for the wife to cohabit and reside with the husband.

3. Considering these facts, we are of the view that there is every

possibility of the above Family Court Appeal being settled. In these

circumstances, we direct the Appellant-husband as well as the Respondent-

wife to remain present in this Court on 23 rd August, 2024.

4. Stand over to 23rd August, 2024 (FOB).

5. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by fax

or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

AUGUST 02, 2024 Laxmi