Bombay High Court

SMT. SHANTABAI BHAGWAN MOHITEversusSHRI. BHAGWAN GUNDU MOHITE

Disposal: Disposed Off

Holding

The appeal is disposed of because the notice to the appellant was not served.

Summary

Smt. Shantabai Bhagwan Mohite filed a Family Court Appeal in 2019 against her husband, Shri Bhagwan Gundu Mohite. The appeal required service of notice on the appellant, but the bailiff report dated 25 August 2025 showed that the notice was returned unserved. The High Court noted the failure of service as a procedural defect. No substantive arguments or evidence were presented because the appellant could not be served. Consequently, the Court held that the appeal could not proceed and ordered it to be disposed of. The judgment was delivered by Justices Rajesh S. Patil and Abhay J. Mantri on 17 August 2026.

Issues considered

Whether an appeal can be entertained when the notice to the appellant remains unserved?

Subjects

Family Law
Service of Notice
Appeal Procedure
Civil Procedure

Judgment

2026:BHC-KOL:7654-DB
10.FCA.50.2019.odt

IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO. 50 OF 2019

Smt. Shantabai Bhagwan Mohite ...Appellant

Versus

Shri. Bhagwan Gundu Mohite ...Respondent
***
 None for the Appellant.
***
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 17 AUGUST, 2026.
P. C. :

1. This Family Court Appeal filed in the year 2019 by the wife

of the respondent.

2. The office remark shows that the notice issued to the sole

appellant returned unserved with bailiff remark on 25 August 2025

3. In view of the same, the Family Court Appeal stands

disposed of

(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)

Shrikant Malani Page 1 of 1

Continue reading with your account

Checking your session…