Shabaz Farukh Allarakhia vs Carla N Gannon And Anr
2024 Latest Caselaw 6797 Bom

Bombay High Court

Shabaz Farukh Allarakhia vs Carla N Gannon And Anr on 3 March, 2024

Author: S. M. Modak

Bench: S. M. Modak

2024:BHC-AS:14165-DB
                                                                              1. FCA 212 of 2013.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
                                 BEFORE THE NATIONAL LOK ADALAT


                                FAMILY COURT APPEAL NO. 212 OF 2013
                                                    ALONGWITH
                                   CIVIL APPLICATION NO. 334 OF 2013
                                                         IN
                                FAMILY COURT APPEAL NO. 212 OF 2013
             Shabaz Farukh Allarakhia                                             ...Appellant
                  Vs.
             Carla N Gannon And Anr.                                               ...Respondents
                                                ...

Mr. Vivek Rane - Advocate appointed from legal aid panel for Appellant Mr. Shabaz F. Allarakhia - Appellant. None for Respondents.

...

CORAM : S. M. MODAK J.

[HEAD OF THE PANEL]

V. V. KATHARE REGISTRAR (VIGILANCE-II) MEMBER

S. N. PHAD DEPUTY REGISTRAR MEMBER

DATED : 03rd MARCH, 2024

P.C. :-

1. The Appellant is present in-person. He expressed desire to

1. FCA 212 of 2013.odt

withdraw this appeal. His advocate is not present. When asked, he

submitted that this appeal is preferred against the judgment of the family

Court for dismissing his petition for custody of then minor child. He is

having interim custody of the minor son, who has now attained majority.

2. The Respondent-wife is residing in Australia. He submits that in

spite of the service, she has not appeared in this appeal. He further

submits that now the son has become major. There is an order passed on

13/04/2016 recording that "the custody of the minor son is with the

Appellant-Applicant". It also mentions that in spite of the service of the

notice, Respondents have chosen not to appear.

3. The identity of the Appellant needs to be certified. Hence, we have

requested to learned Advocate Shri Vivek Rane, who is on the panel of

the legal aid, to verify his identity on the basis of the documents brought

by him. He has also verified his identity on the basis of the driving license

and scanned copy of the Aadhar card.

4. In view of the above, the appeal is disposed of as withdrawn.

5. Interim applications, if any, are disposed of.

[S. N. PHAD] [V. V. KATHARE] [ S. M. MODAK J.] MEMBER MEMBER HEAD OF THE PANEL