Bombay High Court

SHAIKH ABDUL HAMEED @ MOIJ S/O ABDUL GANIversusGAUSIYA BEGUM W/O SHAIKH ABDUL HAMEED @ MOIJ

Disposal: Withdrawn

Holding

The appeal stands disposed of as withdrawn upon the parties' settlement and execution of a Khulanama.

Summary

The appellant, Shaikh Abdul Hameed, filed an appeal in the Family Court seeking relief against his wife, Gausiya Begum. During the pendency of the appeal, the parties reached a settlement and mutually decided to dissolve the marriage. They executed a Khulanama dated 12 September 2026, evidencing their agreement. The appellant’s counsel submitted a pursis indicating the desire to withdraw the proceedings. The Court, noting the settlement and the pursis, ordered that the appeal be disposed of as withdrawn, along with any pending civil application.

Issues considered

Whether an appeal in a family law matter can be withdrawn after the parties have settled and executed a Khulanama dissolving the marriage

Subjects

Family Law
Dissolution of Marriage
Khulanama
Settlement
Withdrawal of Appeal

Judgment

2026:BHC-AUG:45799-DB

                                                                      40.2026FCA

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                       925 FAMILY COURT APPEAL NO. 40 OF 2026
                    SHAIKH ABDUL HAMEED @ MOIJ S/O ABDUL GANI
                                            VERSUS
                  GAUSIYA BEGUM W/O SHAIKH ABDUL HAMEED @ MOIJ
                                               ...
                 Advocate for Appellant : Mr. Bobade Y.K.
                                              WITH
                           CIVIL APPLICATION NO. 1232 OF 2021
                                       IN FCA/40/2026
                                               ...
                                     CORAM : SANDIPKUMAR C. MORE &
                                                   VAISHALI PATIL-JADHAV,JJ.

                                      DATE       :    30.09.2026

                 P.C. :


                 1.         Learned counsel for the appellant placed on
                 record the pursis of the appellant mentioning that during the
                 pendency of this appeal, a settlement took place between the
                 parties and they mutually decided to dissolve the marriage.
                 Khulanama dated 12.09.2026 is also executed between them.
                 Thus, it appears that the appellant wants to withdraw this
                 proceeding.
                 2.         In view of the said pursis, the appeal of the
                 appellant stands disposed of as withdrawn along with
                 pending civil application, if any.




                 [VAISHALI PATIL-JADHAV]               [SANDIPKUMAR C.MORE]
                         JUDGE                                JUDGE
                 sga

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