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Bombay High Court

Swati Dhirajkumar SapkaleversusDhirajkumar Ramesh Sapkale

Decided
Disposal
Disposed Off

Holding

The Court may dispose of an application for leave to appeal as withdrawn upon the applicant's request.

Summary

The parties, Swati Dhirajkumar Sapkale and Dhirajkumar Ramesh Sapkale, had filed a petition for divorce by mutual consent in the Family Court at Nashik. Subsequently, the applicant filed an application for leave to appeal (Pvt.) No. 84 of 2025 before the Bombay High Court. The applicant's counsel informed the Court that, under Clause 12 of the divorce application, the parties wished to withdraw the pending appeal. The High Court considered the request and, without further hearing, ordered the application for leave to appeal to be disposed of as withdrawn. The order was digitally signed and directed that all concerned act upon it.

Issues considered

  • Whether an application for leave to appeal may be withdrawn at the request of the applicant after filing

Subjects

  • divorce
  • mutual consent
  • leave to appeal
  • withdrawal
  • family court

Judgment

                                                                                  1-ALP-84-2025.doc



           Digitally signed
                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           by
           HUSENBASHA
HUSENBASHA RAHAMAN
                                                CRIMINAL APPELLATE JURISDICTION
RAHAMAN    NADAF
NADAF      Date:
           2026.06.25
           18:59:36
           +0530                       APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 84 OF 2025

                              Swati Dhirajkumar Sapkale                                ... Applicant

                                        Versus
                              Dhirajkumar Ramesh Sapkale                               ...Respondent

                                                                 ****
                              Mr. Pratik P. Pawar for the Applicant
                              Ms. Sharmila S. Kaushik APP, for the Respondent.

                                                                 ****
                                                            CORAM : M.M. SATHAYE, J.
                                                             DATE : 25th JUNE, 2026
                              P.C. :

                              1.       Learned counsel for the Applicant submits that parties have
                              applied for divorce by mutual consent in the Family Court at Nashik.
                              Copy of the said application is taken on record and marked ‘X’ for
                              identification. He submits that pursuant to Clause 12 thereof, he has
                              instructions to withdraw the present application.
                              2.       In view of the request, the application (for leave to file appeal) is
                              disposed of as withdrawn.
                              3.       All concerned to act on duly authenticated or digitally signed
                              copy of this order.


                                                                         (M.M. SATHAYE, J.)




                              Navnath Waghmare                                                        1


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